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Mountain View Crossing Investors, LLC v. Township of Wayne

A-6275-02T5 and A-6276-02T5 (N.J. Super. App. Div. 2004) (Unpublished)

TAXATION; SPOT ASSESSMENT—A reassessments based upon independent income and expense information does not constitute an unlawful spot assessment.

The owner of an apartment complex asserted “that it [was] the victim of an unconstitutional spot assessment because the reason for and the basis of the reassessment was its purchase of the apartment complex” at the end of 1998. The Tax Court rejected this assertion which was based upon the complex owner’s claim that the municipality was “increasing the assessment value only of properties purchased or sold in the municipality while leaving the value of other properties of the same class or category undisturbed.” The Appellate Division agreed, holding that the reassessment had been “based upon independent income and expense information provided to the municipality as a result of” a 1999 tax appeal filed by the apartment complex owner and voluntarily withdrawn in 2001. Consequently, the Court did not believe the reassessment to be an unconstitutional spot assessment.

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