2025 REVALUATION BULLETIN:
As we approach the end of the year, we are already looking forward to the 2025 Tax Appeal Season. To help plan for the future ahead, we have developed this notice to inform taxpayers across the State of any upcoming Revaluations & Reassessments that may b ...More
Eric McCullough - HCBA 2024 Professional Practitioner of the Year!
Waters, McPherson, McNeill’s own Eric McCullough, was recently honored on October 16, 2024, with the Hudson C ...More
REASSESSMENT BULLETIN: CITY OF UNION CITY
REASSESSMENT BULLETIN: CITY OF UNION CITY
As many of our Union City clients know, the C ...More
Waters McPherson McNeill took part in Wills for Heroes Foundation
WMM Attorney Saad Admani took part in this year’s Wills for Heroes event sponsored by the New Jersey State Bar Associati ...More
Waters, McPherson, McNeill Walks to Benefit St. Jude Children's Research Hospital!
WMM Attorney and Hudson County Bar Association Young Lawyer’s Division President, Robert Guanci, took part in this year’s St. Jude W ...More
LEGISLATION BULLETIN: NEW LAW TO EXTEND TAX REFUND PERIOD UP TO 3 YEARS
On August 9, 2019, the New Jersey Legislature signed into law an amendment to N.J.S.A. 43:3-27.2 governing tax refunds resulting from successful real property tax appeals. ...More
Waters, McPherson, McNeill Walks to Benefit the Food Bank of NJ!
WMM Associate Robert Guanci, along with the Young Lawyer's Division of the Hudson County Bar Association took part in this year's Hard Grove Run/Walk to Kick Hunger. ...More
WMM Partner to Present on Public Finance Law at NJSBA 2019 Annual Meeting and Convention
The firm's Partner, Jim Spanarkel, will be one of two panelists at a seminar entitled "Public Finance Law 101: The Essentials" at the 2019 New Jersey State Bar Association Annual Meeting and Convention from 8:00 to 9:30am on Thursday May 16, 2019 at the Borgata Hotel in Atlantic City, New Jersey. ...More
REVALUATION BULLETIN: CITY OF BAYONNE
As many of our Bayonne clients may have heard, The City will be undergoing an historic revaluation for tax year 2020. ...More
CHAPTER 91 NOTICE, A TAX ASSESSOR'S SECRET WEAPON
As many seasoned property owners may be aware, Municipal Tax Assessors across the State periodically mail out requests for income information to owners of income-producing property pursuant to N.J.S.A. 54:4-34, or more commonly, "Chapter 91." ...More
EFFECT OF EMINENT DOMAIN TAKING ON DEED RESTRICTIONS AND COVENANTS
It sometimes happens, within the narrow confines of a specialty such as eminent domain that even more narrow and esoteric issues become manifest. ...More
JERSEY CITY REVALUATION BULLETIN-TAX APPEAL FILING DEADLINE TO BE EXTENDED
As many of our clients may know, the general tax appeal filing deadline is April 1 every year. This deadline has been extended for municipalities undergoing a revaluation or reassessment. ...More
Be on the Lookout if Your Property is Vacant!
Several municipalities have recently passed ordinances requiring that property owners register vacant commercial property, and pay a registration fee. These ordinances have surprised many of our clients who often purchase property with an intention to hold it vacant for future development. ...More
How NJDEP's 2017 Revised Cleanup Standards Have Made Cleanup Easier
On September 18, 2017, the New Jersey Department of Environmental Protection ("NJDEP") updated the Soil Remediation Standards ("SRS") for 19 contaminants when it published a Notice of Administrative Change in the New Jersey Register. Thereafter on October 6, 2017, NJDEP published a change to include corrected standards for 1,1,1-trichloroethane and hexachloroethane. ...More
DAVID McPHERSON NAMED TO GOVERNOR-ELECT MURPHY'S TRANSITION TEAM
Governor-elect Phil Murphy has named David McPherson to serve on his transition Housing Committee. ...More
DAVID McPHERSON NAMED TO GOVERNOR-ELECT MURPHY'S TRANSITION TEAM
Governor-elect Phil Murphy has named David McPherson to serve on his transition Housing Committee. Dave's legal activities have focused on real estate development, utility and environmental law practice. ...More
DAVID McPHERSON NAMED TO GOVERNOR-ELECT MURPHY'S TRANSITION TEAM
Governor-elect Phil Murphy has named David McPherson to serve on his transition Housing Committee. Dave's legal activities have focused on real estate development, utility and environmental law practice. ...More
Waters, McPherson, McNeill Walks to End Childhood Cancer
WMM Associate Robert Guanci put his best foot forward to put an end to childhood cancer. Rob teamed up with other walkers as part of a team from Our Lady of Grace Church in Fairview, NJ and participated in the St. Jude Walk/Run to End Childhood Cancer. ...More
ALERT - GROUNDWATER CLAIMS ARE RISING IN NJ AND AN RAO MAY NOT SUFFICE
This addresses the uncertainty which prospective purchasers of contaminated property in New Jersey often face at the time of acquisition of title, when a soil clean-up has been completed but an ongoing investigation of contaminated groundwater (being conducted by others) is ongoing. ...More
WMM Partner to serve as 2017 SAGE Eldercare Treasurer
Partner Susan C. Gieser was recently elected to serve as the 2017 Treasurer of SAGE Eldercare. SAGE is a not-for profit organization located in Summit, New Jersey that provides resources for older adults to remain independent and safe at home as they age. ...More
SALE OF PROPERTY IS NOT AN AUTOMATIC BAR TO FREEZE ACT APPLICATION
In a recent Tax Court decision, Ritchie & Page Distrib. Co. v. City of Trenton, (Decided December 8, 2016), the Court ruled that the purchaser of property was not automatically barred from seeking relief pursuant to the Freeze Act where prior owner obtained a Tax Court judgment establishing a base tax year to which the "freeze" was to be applied. ...More
WMM Partners Installed as HCBA First Vice President and Trustee
Partner Eric D. McCullough (pictured top) was installed as the First Vice President of the Hudson County Bar Association at its recent installation dinner. Mr. McCullough has been with Waters ...More
WMM awards 2016 David Waters Scholarship in honor of former partner
Partner Eric McCullough was on hand at the Hudson County Bar Foundation Annual Scholarship Award Dinner to present the David Waters Scholarship. Eric is pictured on the right presenting the David Waters Scholarship to this year's recipient. ...More
WMM helps SAGE Elder Care celebrate Meals on Wheels anniversary
WMM recently partnered with SAGE Elder Care in Summit to celebrate 50 years of Meals on Wheels at a festive event on November 30, 2016 at Canoe Brook Country Club, Short Hills, NJ ...More
RISKS AND REWARDS - AIRBNB RENTALS
On the surface it may seem like a great idea for a property owner to make a few dollars renting out a house or apartment while out of town. Some property owners have even purchased properties as an investment specifically to rent them out on the short term online marketplace AirBNB. ...More
TAX COURT UPHOLDS NJ PROPERTY TAX
In a recent Tax Court decision, Cobblestone Acquisition LLC v. Twp. Of Ocean, (Decided August 16, 2016), the Court clarified an oft-cited exception to the Freeze Act N.J.S.A. 54:51A-8 when it found against defendant-municipality by drawing a distinction between a "reassessment" and a "complete revaluation/reassessment," thus permitting plaintiff-taxpayer to "freeze" judgment entered for tax year 2015 in 2016 and 2017. ...More
Permit Extension Act Extended One More Year But Only In Superstorm Sandy-Affected Counties
On June 30, 2016, Governor Chris Christie signed Bill A3617 into law, which amends the Permit Extension Act of 2008 ("PEA") and extends certain permits and approvals affecting the physical development of property located only in the counties affected by Superstorm Sandy. ...More
PROFESSIONALISM AND COURTESY - YOUR QUALIFIED IMMUNITY MAY DEPEND ON IT
It is often said that "a word to the wise is sufficient." A recent decision of the Appellate Division of the Superior Court is a clear shot across the bow for municipal officials whose official duties require them to interact with the public. ...More
Innocent Purchaser - Protection Against Groundwater Claims in the Age of the LSRPs
Buyers of commercial property in NJ are faced with the challenge of determining at what point they, as owners, will no longer be subject to claims concerning contaminated groundwater at their properties. ...More
Meadowlands Development
If you have an interest in the Meadowlands, please read the attached Star Ledger story. Our partner, Tom O'Connor, is featured prominently in the article, and can advise on all pertinent land use issues. ...More
WMM Partner Bob Cavanaugh elected Bar Association Trustee
WMM takes pleasure in announcing that on October 8, 2015 WMM Partner Bob Cavanaugh (pictured left) was elected Trustee to the Hudson County Bar Association ("HCBA") to fill an unexpired term. ...More
Despite Continued Litigation, New Jersey Affordable Housing Law Continues to Heavily Impact Private Residential Development
One of the biggest uncertainties currently facing land owners seeking to develop residential or mixed use property in New Jersey, particularly in the more densely populated northern counties, is the ongoing determination of each municipality's affordable housing obligation pursuant to the "Mount Laurel Doctrine" ...More
A Patchwork Quilt of Statutory Protections Regarding Liability for Environmental Conditions: Are They Enough to Protect You?
Over the years, both the NJ Spill Act and the Brownfield Act have been amended several times to protect current "innocent" owners and prospective purchasers of land from liability for environmental contamination caused by others. ...More
ADVOCATING FOR PROPERTY TAXPAYERS---IT DOESN'T STOP WITH THE ASSESSMENT
Let's begin with a simple and obvious reality-the vast majority of taxpayers who seek the advice of real estate tax professionals do so because they are unhappy with the assessed value of their property, the tax burden levied on the property, or both. However, lately, a new concern is becoming more and more prevalent among taxpayers and in particular, those who own investment-class properties. This concern is New Jersey's so-called "Mansion Tax". ...More
ADVOCATING FOR PROPERTY TAXPAYERS - IT DOESN'T STOP WITH THE ASSESSMENT
Let's begin with a simple and obvious reality-the vast majority of taxpayers who seek the advice of real estate tax professionals do so because they are unhappy with the assessed value of their property, the tax burden levied on the property, or both. ...More
Pay Promptly or Prompt Trouble--New Jersey's Prompt Payment Statute
If you are an owner or developer of a private construction project, the New Jersey Prompt Payment Statute, N.J.S.A. 2A:30A-1, may impose obligations on you not set forth in your contract with your general, or prime contractor. It may indeed be a trap for the unwary. ...More
REVALUATION BULLETIN: CITY OF PATERSON
The City of Paterson is in the final stages of the implementation of its second revaluation in eight years. Paterson taxpayers have, within the last week or so, received in the mail preliminary notice of their 2015 assessments. ...More
Meeting a Need in West New York WMM Connects with Dvine Konektion Community Development Corp.
Meeting a Need in West New York WMM Connects with Dvine Konektion Community Development Corp. ...More
Waters, McPherson, McNeill takes the Plunge for Special Olympics.
Waters, McPherson, McNeill takes the Plunge for Special Olympics. ...More
New Legislation Restructures New Jersey Meadowlands Commission and NJSEA
Governor Christie yesterday signed new legislation that will have sweeping effects on the future of the New Jersey Meadowlands. The new law, known as the "Hackensack Meadowlands Agency Consolidation Act", merges the New Jersey Meadowlands Commission (NJMC) into the New Jersey Sports and Exposition Authority (NJSEA). ...More
The New Frontier in Urban Development:Logistics and the Growing Demand for Distribution Centers
Our partner, Robert Cavanaugh, is on the advisory Board for New Jersey City University's new Logistics Center (the "Center") in Jersey City which is part of the University's Business School. Here is his "take" on why this is an opportunity for anyone with an interest in commercial warehouse development. ...More
Of Counsel Emeritus John Wefing Speaks at Justice Complex
John's June 18th presentation focused on the role of the governors of New Jersey with the Justices of the New Jersey Supreme Court with special emphasis on the creation of the modern New Jersey Supreme Court in the 1947 Constitution and the issues concerning judicial independence. ...More
Court Considers Value of Wetlands
The New Jersey Appellate Division recently ordered that hearings must be conducted prior to takings of property in New Jersey where zoning changes may occur. The matter involved the valuation of one acre of vacant land in North Bergen being acquired by New Jersey Transit Corporation. ...More
Claims for Closing Costs for Displaced Businesses under the New Jersey Relocation Assistance Act
When government seeks to acquire property using the power of eminent domain against a property owner or tenant, or entity in possession, as the case may be, a critical issue is whether those affected by the acquisition are entitled to relocation assistance. ...More
Of Counsel Emeritus John Wefing Speaks to a Packed House in Jersey City
On April 1, 2014, our firm's Counsel, John Wefing, spoke at St. Peter's University -- the most well attended Continuing Legal Education program ever at St. Peter's. John also is a Distinguished Professor of New Jersey Law and History at Seton Hall Law School. ...More
3 WMM Senior Partners Publish - NJ Environmental Law Handbook
In recognition of their expertise in handling diverse environmental cases relating to development in the NJ Meadowlands, Steve Gray, Dan Horgan and Tom O'Connor were honored as contributing authors in the 2014 Edition of the NJ Environmental Law Handbook ...More
Etelson v. Shore Club South Urban Renewal, L.L.C.
In a recent unreported case entitled Etelson v. Shore Club Sourth Urban Renewal, L.L.C., (Docket No. A-0570-11T4 - Decided March 10, 2014), the Appellate Division ruled on issues involving the state Consumer Fraud Act ("CFA") and the state Planned Real Estate Development Full Disclosure Act ("PREDFDA"). PREDFDA is the statute which requires the developer of most condominium developments to register with the Department of Community Affairs ("DCA") and to provide extensive disclosure to prospective purchasers in the form of a Public Offering Statement ("POS"). ...More
Lubik v. Harleysville Insurance:Breaching an Insured's Reasonable Expectations of Coverage
Lubik v. Harleysville Ins. Co. of N.J., A-1120-12T2, 2014 WL 740087 (N.J. Super. Ct. App. Div.)
The New Jersey Appellate Division recently affirmed a trial court's denial of water damage claim under a condominium unit-owner's dwelling policy that expressly included water damage coverage, through a misinterpretation of an exclusionary subsection of the policy, negating one of the essential insured considerations - coverage of water damages.
...More
Amended Economic Opportunity Act Advances
The "Economic Opportunity Act of 2014, Part 1" is working its way through State Senate and Assembly committees. The new bill amends the New Jersey Economic Opportunity Act of 2013 by focusing on developer incentives under the Economic Redevelopment and Growth (ERG) Program, which is one of two main programs expanded by the 2013 Act. ...More
GETTING YOUR DUCKS IN ORDER- ASSISTING YOUR TAX PROFESSIONAL IN THE EVALUATION OF YOUR TAX APPEALS FOR INCOME-PRODUCING PROPERTIES
The 2014 tax appeal filing deadline of April 1, 2014* is right around the corner and by now you would have (or should have) given some thought to whether or not you should be appealing the tax assessment on your real estate holdings.
To save time and ensure that the analysis of your assessments is as accurate as possible, you should anticipate what your tax professional will be asking for and begin to get it together. Responsible tax professionals will not file tax appeals without a thorough review of the critical information. In the case of income producing property such as office, retail, apartment buildings or industrial space, to name but a few, your consultant will need, at a minimum, the following:
...More
The Role of Amicus Curiae in Insurance Coverage Matters
There's a curious subtext to the recent New Jersey Supreme Court insurance coverage opinion in Farmers Mut. Fire Ins. Co. of Salem v. N.J. Property-Liability Ins. Guar. Ass'n, 215 N.J. 522 (2013), decided September 24, 2013, related to the presence of several amicus curiae that seem to be the real parties in interest. ...More
THE N.J. SUPREME COURT'S OWENS-ILLINOIS ENVIRONMENTAL COVERAGE ALLOCATION FORMULA - INTENDED TO FAIRLY MARSHAL COVERAGE FOR AN INSURED - SURVIVES YET ANOTHER INSURER ATTEMPT TO TRANSPOSE INSURANCE POLICY ALLOCATION INTO AN INSURANCE COVERAGE REDUCTION FORMULA
Insurance law usually arises out of litigation between insureds and their insurance carriers, but twice within the space of a few weeks this past term, the New Jersey Supreme Court issued insurance coverage opinions that have significant impacts on insureds, in a case without an insured's participation.
Farmers Mutual, the latest N.J. Supreme Court insurance coverage case without an insured party, resolves the question of whether, or when, the insurance allocation "shares" of an insolvent carrier may be assigned to the State's Guaranty Fund under the Supreme Court's Owens-Illinois/Carter-Wallace insurance policy allocation methodologies developed in prior cases of those names. ...More
Governor Signs Legislation Authorizing Extension of Mandatory Deadline for Submitting to DEP Remedial Investigation Reports - 3/7/14 Application Required
On January 21st, the Governor signed Assembly Bill No. 4543 into law ("Act"), authorizing an extension of the mandated May 7, 2014 deadline for the completion of pending environmental "remedial investigations" until May 7, 2016. ...More
Bill Extending Deadline for Filing Remedial Investigation Passes
On Monday January 13, 2014, both Houses of the Legislature approved Assembly Bill No. 4543 (i.e. the Assembly version of Senate Bill 1035) authorizing an extension of the time for completion of a Remedial Investigation for certain contaminated sites prior to DEP undertaking direct oversight. ...More
Proposed Extension to the May 7, 2014 Statutory Deadline to Complete a Remedial Investigation
The Site Remediation Reform Act ("SRRA"), N.J.S.A. 58:10C-1 et seq, established a May 7, 2014 deadline for completing the remedial investigation for all sites that triggered remediation requirements prior to May 7, 1999. ...More
THE NEW NEW JERSEY LIMITED LIABILITY COMPANY ACT - WHAT IT MEANS FOR YOUR LLC
Effective March 18, 2013, after almost twenty years on the books, the New Jersey Limited Liability Company Act (the "Old Act") was repealed and replaced in whole with the "Revised Uniform Limited Liability Company Act" (the "Revised Act"). ...More
RELIEF FROM MORTGAGE INTEREST OBLIGATION UPON FILING OF CONDEMNATION ACTION AND ORDER FOR PAYMENT INTO COURT
Coordinating the disbursement of funds resulting from a condemnation award - so that the person receiving the award can timely pay its obligations-- is always difficult when litigating condemnation actions especially since, in contested actions, the offer funds are not available until after the property is "acquired" through the filing of the complaint in condemnation and declaration of taking, and the deposit of the offer into Superior Court Trust Funds. ...More
2014 Property Tax News: Monmouth County Assessment Demonstration Program Makes Major Changes to Current Assessment Practice
As 2013 winds to a close, it's time to begin thinking about your 2014 property taxes, especially if you own property in Monmouth County. On February 4, 2013, Governor Christie signed into law Chapter 15 P.L. 2013, known as the Assessment Demonstration Program ("ADP"). ...More
Foreclosure Alert
Residential mortgagees state-wide could be heard to breathe a sigh of relief upon the announcement of the Appellate Division's decision in Deutsche Bank National Trust Co. v. Russo 429 N.J. Super. 91 (App.Div. 2012). ...More
Recent Amendments to State Redevelopment Law Statute
On September 6, 2013, Governor Christie signed into law Assembly Bill 3615, which made several important changes (the "Amendments") to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A:1 et seq. (the "Redevelopment Law"). ...More
POTOMAC INS. CO. V. PENNSYLVANIA MANUFACTURERS' ASS'N INS. CO.
The New Jersey Supreme Court determined that insurance carriers who fund and control the defense of a claim have a direct right to seek contribution against other insurance carriers who disclaim and decline to participate in the defense of a common insured. ...More
Renewable Energy Initiatives
Although fewer in number than in the previous two years, there are still a substantial number of solar energy incentives available to prospective owners/purchasers of solar energy systems, both on the federal and state levels. ...More
Complicated & Convoluted: New Jersey's Pay-to-Play Laws
The State, County and municipal governments are hardly on the same page when it comes to their pay-to-play regulations. They do agree that a "business entity" should be precluded from obtaining a government contract if that entity has given a contribution to a candidate for elective-office or elective-office holder within a certain time period in certain instances. ...More
NEW JERSEY SUPREME COURT ALLOWS EVIDENCE OF NON-SPECULATIVE, REASONABLY CALCULABLE BENEFITS IN EMINENT DOMAIN VALUATIONS
On June 28, 2013, this article discussed a recent case argued before the Supreme Court of New Jersey, Borough of Harvey Cedars v. Karan. That case involves what evidence may be considered by a jury when calculating the damages to the remainder in a partial taking. ...More
BEWARE: RESPOND TO THAT INNOCUOUS LETTER FROM THE MUNICIPAL TAX ASSESSOR
In the past five years, with the onslaught of tax appeals, there has been a sharp spike in the use by local tax assessors of the Chapter 91 "Request for Information on Income Producing Properties" pursuant to NJSA 54:4-34. Compliance with Chapter 91 should not at all be onerous. ...More
UNINSURED/UNDERINSURED MOTORIST COVERAGE
Underinsured/Uninsured Motorist Insurance Coverage is one of the most important types of coverage in an auto policy. Besides basic coverage, all auto policies are required by New Jersey law to have underinsured/uninsured motorist coverage in the minimum amount of $15,000 per person/$30,000 per accident. ...More
SUPREME COURT OF NEW JERSEY CONSIDERS TRIO OF EMINENT DOMAIN CASES
In the 2012-2013 Court Term, the Supreme Court of New Jersey considered three cases, each involving issues relating to the exercise of eminent domain. The decisions in these cases will have impacts on the right to utilize condemnation and the relevant issues to be decided when setting the just compensation purchase price. ...More
Discretion of a NJ Licensed Site Remediation Professional (LSRP): A Blessing or a Curse?
There are many competent and knowledgeable LSRPs who can assist with completing an investigation and clean-up of a contaminated property - but often the timing of the LSRP's certification that progress has been made, is critical to a proposed project or sale of a property. In these instances, strategy is involved, and an environmental lawyer should be consulted early in the process. ...More
Court Reaffirms that Regulated Businesses Subject to Unannounced DEP Inspections
The NJ Supreme Court recently reaffirmed NJDEP's right to conduct unannounced inspections of commercial property owned by businesses in highly regulated industries - and in certain limited circumstances, residential property. ...More
THE NEW JERSEY CONSTRUCTION LIEN LAW - IF YOU DON'T KNOW WHICH WAY TO STEER YOU WILL RUN AGROUND
The New Jersey Construction Lien Law (CLL) was last amended in 2011. Like many multi-faceted legislative schemes, it has several ambiguities, and procedural quirks that must be avoided to enforce the rights of the unpaid contractors, or those of a project owner faced with claims of unpaid contractors or material suppliers. ...More
WMM Defense of Taking Claims - CRDA Active in New Atlantic City Projects
Our firm has a long history of representing property owners in Atlantic City in matters involving governmental acquisition of property through the use of eminent domain. The agency which is involved in almost all such acquisitions in Atlantic City is the Casino Reinvestment Development Authority ("CRDA"). ...More
PLANNING SPRING CONSTRUCTION? TAKE STOCK OF YOUR DEVELOPMENT APPROVALS TO SEE IF YOUR PROJECT IS SHOVEL READY
Perhaps it's a sign of the long-awaited economic recovery. Maybe your project has been on hold while you have been laboring through years of complex environmental cleanup, or you have been unable to secure financing for your facility expansion. ...More
PROPERTY TAX WATCH
In the past weeks, Tax Assessors all over the State mailed Notices of the 2013 Property Tax Assessment to property owners. This inconspicuous post-card size mailing is all the notice you will receive as to what the assessed value of your property will be in 2013. The Notice of Assessment will not tell you what your Tax Bill for 2013 will be because the tax rate will not be established by the municipalities until June at the earliest and in many cases the Fall of 2013. ...More
Redevelopment of NJ Brownfields Sites Tip re: Licensed site remediation professional (LSRP) as a deal maker rather than a deal breaker
If you are representing the Seller, have you thought about requiring your prospective purchaser to complete diligence without retaining an LSRP so that if transaction is not consummated, your client isn’t burdened with an obligation to investigate/remediate contamination identified during due diligence. ...More
Recent State Supreme Court Decision on Connection Fees
The State Supreme Court recently decided a major case regarding connection fees for wastewater treatment plants and collection systems: 612 Associates v. North Hudson Sewerage Authority. ...More