The Third Circuit Will Post Video of Certain Oral Arguments

Last Friday, the Third Circuit announced that it will begin to post on its website, www.ca3,uscourts.gov, “videos of oral arguments in select cases,” more specifically, those that are “deemed to be of significant interest to the public, the bar, or the academic community.”  The Third Circuit thus becomes the second Court of Appeals to make oral […]

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Britt J. Simon trained in Standardized Field Sobriety Tests

In November of 2016 Britt J. Simon obtained training and is now qualified pursuant to the National Highway Traffic Safety Administration (NHTSA) in the Standardized Field Sobriety Tests (SFST).  These tests are what, when given properly, allow officers to determine if probable cause exists for arrests relation to Driving Under the Influence (DUI) / Driving While Intoxicated (DWI).

Property Revaluations in Trenton – Now, the Rubber Meets the Road

Trenton’s revaluation has been a long time coming. Originally slated for 2016, it’s official for 2017. Property owners are now receiving notices of the new assessments proposed by the revaluation company hired by Trenton and the Trenton’s assessor. If the new assessment is not scrutinized, the Taxpayer, whether the property owner or triple net tenant, will be stuck with the new assessment.

Trenton is a City in transition. Properties range from abandoned buildings and vacant lots to thriving offices, residential, retail, industrial, and other uses. Because of the vast range in the condition of properties in Trenton and their utility, sales and other data establish values that range all over the place. Simply put, the real estate market has not established a well-defined and clear guide to a property’s market value so the potential exists for a wide range of opinions as to the value of a particular property.

It is important that a taxpayer, whether the property owner or tenant responsible for payment of real property taxes, be vigilant and proactive. What should the savvy property owner/taxpayer do?

1. First, collect information on the property and other similar properties. Review your assessment. Is it fairly reflective of the property’s market value? Remember that the goal and legal obligation of Trenton and its representatives, the revaluation company, and the assessor is to assess all property uniformly. This means that the assessment or true value of each and every property should theoretically be equal to its market value. That value should be equal to the price that an informed buyer and an informed seller would agree to as of the valuation date, October 1, 2016.
2. Second, request the property record card. Often mistakes are made during inspections that affect value.
3. Third, make an appointment with the revaluation company, Appraisal Systems. Occasionally favorable adjustments to assessments result from these meetings.
4. Fourth, consult with specialists in the field. Remember, Appraisal Systems has already decided that a property is worth exactly the amount of the assessment in your notice. There is a lot of jargon and legal precedent that applies to this field of law which impacts how assessments are determined. It is important to have competent proof of value. For commercial properties, often the services of a licensed real estate appraiser are required. Tax appeal attorneys can guide you at any time during the process, including an appeal to the County Board of Taxation or the Tax Court of New Jersey.

One Last Takeaway

Revaluation programs are very infrequent because of their huge cost. Thus, the assessment placed on the assessor’s books in 2017 will be the assessment for years unless the taxpayer takes measures to mitigate its impact and manage the tax burden.

For further information, please do not hesitate to contact Stark & Stark’s tax appeal attorneys.

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Juvenile Sentencing in Question

Juvenile Sentencings has New Jersey Questioning the System

The Initial Hearing During a Will Contest

Once a party has decided to contest a Will, the question then becomes what is the next step in this process. The first pleadings that Plaintiff’s counsel prepare for the Court are a Verified Complaint, as well as an Order to Show Cause.

The Order to Show Cause hearing date would be the first hearing at which the Court would hear testimony concerning the disputed Will and Plaintiff’s claim to invalidate this document. It is also common at the return date for the Order to Show Cause for the contesting party to seek a preliminary injunction preventing the distribution of Estate assets pending the resolution of the matter on its merits.

In determining whether the Court should grant injunctive relief during at the initial hearing date, the Court will consider a multitude of factors.

The Court will first consider whether injunctive relief is necessary to prevent irreparable harm to the party filing the Verified Complaint. In addition, the Court will also consider whether the Plaintiff has a reasonable probability of succeeding on its claims, whether the Plaintiff may suffer a greater hardship if their application for an injunction is denied as compared to the Defendant, and whether it is in the public’s interests to grant the restraints.

The Court will often review the facts presented to it and perform a balancing test to determine whether injunctive relief is appropriate at the initial hearing. Recent revisions to the injunctive relief standards have leaned more favorably towards granting injunctive relief in order to preserve the status quo pending a resolution of the matter. Although the first hearing date during the Order to Show Cause is an important one, it is merely the beginning of the Will contest.

Should a party wish to contest a Will, they should consult with an attorney such as the ones at Stark & Stark who may guide you through the initial hearing, as well as all subsequent proceedings.

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10 Retailers to Watch for Possible Bankruptcy Filings in 2017

2016 ended on a high note with higher than expected holiday sales and overall a better real estate market. However, there were a number of retailers that sought bankruptcy protection. Some of the retailers, like Fairway and EMS, emerged as new entities in Chapter 11 bankruptcy proceedings while their operations continued. Yet others, like Sports Authority and PacSun, closed their doors, leaving open spaces for landlords.

As we enter the New Year, following is a list of 10 potential impending tenant bankruptcies to keep an eye out for:

1. Sears Holdings – Recently, a number of Sears and Kmart stores began closing stores across the country. Further, Sears sold its valued Craftsman brand to Stanley Black & Decker, Inc.
2. Claire’s Stores, Inc. – Clark’s places this chain on the watch list due to high outstanding debt.
3. The Limited – This company is closing all its stores this month, while continuing to operate online after the closures complete.
4. CVS – The company plans to eliminate roughly 300 jobs and close 200 stores, equal to about 5 percent of its outlets, according to The Wall Street Journal.
5. Rue21, Inc. – This retailer is facing tough competition in the youth retail market and hold high debt according to Clark’s.
6. Chico’s – The company announced it will close 120 stores in the next three years.
7. American Eagle Outfitters – The company is slated to close 150 of its more than 1,000 stores by the end of 2017. Like a number of other “youth retailers,” American Eagle has struggled recently according to the International Business Times.
8. Office Depot – In May 2016, antitrust concerns derailed a merger with the office supply retailer and Staples, a competitor. Since then, the company announced it would close about 300 more stores in the next three years, according to Fortune.
9. The Children’s Place – Another 200 stores are slated to close in 2017, according to chainstorage.com.
10. Finish Line – The sports apparel closed 54 stores in 2016, and plans to close another 25 stores in 2017, according to indystar.com.

For more information on how to protect your center against these possible upcoming filings, please contact Thomas Onder, Shareholder in Stark & Stark’s Creditor’s Rights Group at (609) 219-7458 or tonder@stark-stark.com. Mr. Onder writes regularly on commercial real estate issues and is a member of ICSC and co-Chair of the 2017 ICSC PA/NJ/DE Dealmaking Show in Atlantic City, NJ, as well has recently represented landlords in the EMS, RadioShack, A&P, Fairway, and Sports Authority Chapter 11 bankruptcy cases.

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Noncustodial parents' financial obligations for school

Noncustodial parents and their obligation to financially help their Adult Child through Graduate School

By Gloryanna Diaz