Harrison Realty Corp. v. Town of Harrison
Harrison Realty Corp. v. Town of Harrison
Opinion of the Court
Harrison Realty Corp. (Realty Corp.) appeals from the Tax Court determination of the true value of its industrial property in the Town of Harrison (Harrison) as of the October 1, 1994 real property assessment date for tax year 1995, in an amount slightly higher than the prior assessments. On its appeal from the Tax Court’s finding that the true value of the subject property on the assessing date was $4,201,600,
A taxpayer, on a challenge to an assessment, has the burden of proof to establish that the assessment is erroneous. Pantasote Co. v. City of Passaic, 100 N.J. 408, 412-413, 495 A.2d 1308 (1985). Moreover, a certain deference is accorded to decisions of the judges of the Tax Court because of their special expertise. Southbridge Park, Inc. v. Borough of Fort Lee, 201 N.J.Super. 91, 94, 492 A.2d 1026 (App.Div. 1985); Jablin v. Northvale Borough, 13 N.J.Tax 103, 107 (App.Div. 1991). In addition, the Tax Court may apply its own judgment to the data submitted to arrive at its determination of true value. Glenpointe Associates v. Township of Teaneck, 241 N.J.Super. 37, 46-47, 574 A.2d 459 (App.Div. 1990).
Our review of the record satisfies us that there is sufficient credible evidence to support Judge Crabtree’s factual determinations and findings. Judge Crabtree’s finding that the property was income producing and that the income approach was appropriate, rather than the sales comparison approach, is sup
The evidence indicates that Judge Crabtree correctly applied the income approach to the valuation. The income produced by the two leases signed shortly after Realty Corp. bought the property (amounting to approximately one-half of the square footage of the property; Realty Corp. occupies the remainder) is, as the judge calculated, significantly higher than would be expected on a property purchased for $2,150,000. Judge Crabtree was not bound by the distinction in one lease which fixed a smaller square foot rental for the approximately 9,000 square feet of office space in that lease, as the income approach requires economic, not actual rent.
We have carefully reviewed the record in light of the arguments and contentions of Realty Corp. and conclude that there is no warrant for our intervention. We affirm substantially for the reasons expressed by Judge Crabtree in his written opinion dated January 10, 1997, reported at 16 N.J.Tax 375 (Tax Ct. 1997).
Affirmed.
The property consisted of a fifty year old industrial building of 244,583 square feet on 6,815 acres. The 1995 assessment, the same as for a number of prior years, had been $4,100,000 (comprised of $1,363,100 for the land and $2,736,900 for the buildings). An added assessment of $83,333 ($250,000 pro rated for four months) was rejected and canceled by the Tax Court. That action is not the subject of any cross-appeal.
Reference
- Full Case Name
- HARRISON REALTY CORP. v. TOWN OF HARRISON, DEFENDANT-RESPONDENT
- Cited By
- 23 cases
- Status
- Published