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In a Win for the Municipal Law Practice, Parker McCay Successfully Argued for the Borough of Bernardsville

June 29, 2023

In a win for the Borough of Bernardsville, the Superior Court of New Jersey, Appellate Division, in an opinion approved for publication, concluded that the Superior Court lacked jurisdiction to hear plaintiffs’ claim that the Borough committed fraud and other torts by assessing real property in a matter inconsistent with law and at an amount above its true market value.

Successfully argued by Parker McCay attorneys John C. Gillespie and Alexis C. Smith, the Court ruled that the claims made by the plaintiffs were equivalent to a tax appeal, and that the statutory deadlines had since passed for such an appeal. On March 14, 2021, the plaintiffs filed a complaint in the Law Division alleging that the assessments on their property tax years 2013 through 2019 were inflated by municipal officials in a fraudulent scheme to raise revenue. Additionally, plaintiffs alleged that the defendants misrepresented the condition of the property in order to raise specific amounts of taxes.

The defendants, through Parker McCay, moved to dismiss the complaint with prejudice, as the claims were equivalent to tax appeals, which were filed long after the expiration of the statutory deadlines. The trial court issued a written opinion granting defendants’ motion. Following plaintiffs’ appeal, Parker McCay attorneys successfully defended the trial court’s initial ruling, and the appeal was dismissed. See the full opinion HERE.

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