Monday, February 11, 2008
Lakewood Courtyard Hotel v. Township of Lakewood: Schneck Holtzman was successful in implementing an $800,000.00 tax abatement for the Lakewood Courtyard Hotel. This case took years of litigation and negotiation in order for this result to finally be accomplished.
In 1997, the plaintiff made a proposal to the Township Committee which involved demolition and new construction of a 77,972 square foot +/- assisted care facility on the subject property for the purpose of serving the Lakewood community along with surrounding area. The Tax Abatement Application provided significant financial savings for the plaintiff, and was a significant motivating factor for the plaintiff improving the subject property. Unfortunately, when the Tax Abatement Application was reduced to a written agreement, and then subsequently adopted by the Township of Lakewood as Ordinance 98-61 on October 22, 1998, key language was inadvertently omitted that would have granted the plaintiff a tax abatement on the subject property’s entire parcel.
The plaintiff tried for several years to have the township’s assessor approve the tax abatement application for the entire parcel. Unfortunately, each time the plaintiff tried to do so, the plaintiff was unsuccessful, as the Township Assessor merely relied on the words of the Ordinance instead of the intent illustrated by the Tax Abatement Application. Finally, after several years of negotiation, in the summer of 2007, the Township of Lakewood passed a resolution that effectively stated that it has always been the Township’s intention to grant a tax abatement for Lakewood Courtyard Hotel. However, despite the Township’s Resolution stating that a tax abatement should be granted, the Township’s Assessor still refused to grant the abatement. Schneck Holtzman responded to the Township Assessor’s complacency and filed a motion in the Chancery Division in Ocean County. The Honorable Edward M. Oles residing, granted Schneck Holtzman’s motion and thereby ordered the Township’s Assessor to grant Lakewood Courtyard Hotel the $800,000.00 tax abatement.
In 1997, the plaintiff made a proposal to the Township Committee which involved demolition and new construction of a 77,972 square foot +/- assisted care facility on the subject property for the purpose of serving the Lakewood community along with surrounding area. The Tax Abatement Application provided significant financial savings for the plaintiff, and was a significant motivating factor for the plaintiff improving the subject property. Unfortunately, when the Tax Abatement Application was reduced to a written agreement, and then subsequently adopted by the Township of Lakewood as Ordinance 98-61 on October 22, 1998, key language was inadvertently omitted that would have granted the plaintiff a tax abatement on the subject property’s entire parcel.
The plaintiff tried for several years to have the township’s assessor approve the tax abatement application for the entire parcel. Unfortunately, each time the plaintiff tried to do so, the plaintiff was unsuccessful, as the Township Assessor merely relied on the words of the Ordinance instead of the intent illustrated by the Tax Abatement Application. Finally, after several years of negotiation, in the summer of 2007, the Township of Lakewood passed a resolution that effectively stated that it has always been the Township’s intention to grant a tax abatement for Lakewood Courtyard Hotel. However, despite the Township’s Resolution stating that a tax abatement should be granted, the Township’s Assessor still refused to grant the abatement. Schneck Holtzman responded to the Township Assessor’s complacency and filed a motion in the Chancery Division in Ocean County. The Honorable Edward M. Oles residing, granted Schneck Holtzman’s motion and thereby ordered the Township’s Assessor to grant Lakewood Courtyard Hotel the $800,000.00 tax abatement.
Labels: Schneck Holtzman Success Story