BY CAROL FLETCHER Staff Writer
Suburban Trends
November 2, 2005
A question of legality and a conflict of interest with a local government official are the newest issues in a lawsuit demanding a revaluation.
A Passaic County tax court judge hearing the lawsuit filed a year ago by 46 residents is now questioning whether the residents could demand a town to go through a revaluation.
Andy Brewer a borough attorney for the case, said the judge has asked the plaintiffs lawyer to write a brief arguing the residents' rights.
According to New Jersey’s Constitution, only a county orders revaluations, said Brewer. The judge has asked both attorneys to to file briefs on the issue.
"The question is if the (Passaic County Tax) courts can even do what they are asking them to do,” Said Brewer.
The residents who filed the lawsuit say their newer homes were unfairly over assessed while many older homes in town remain under assessed. The borough's last revaluafion was in 1990.
At the same time, the group filed individual tax appeals with Passaic County.
As a result, most of them received a reassessment and have had their property taxes reduced.
A revaluation would cost the borough an estimated $500,000 to reassess all properties in town and make their values more equal with each other. It might result in higher taxes for many but might also lower taxes for others.
Another new element in the case is that Democrat Borough Councilman Tom MacAllen revealed last week that Republican Borough Councilman William Marsala's sister, as well as a personal client, are among the plaintiffs. Over the past year Marsala never recused himself from private discussions on the case between the council and its lawyers.
"I'm very disappointed we didn't know this before," said Borough Attorney Joe Maraziti, who is also handling the case. "The situation speaks for itself."
When asked, Marsala said he did not know his sister and resident Josephine Tanzi was part of the lawsuit because he said never saw the complaint.
He said he would recuse himself on any future discussions regarding the case. Marsala is currently running for reelection in November.
The borough responded to the group's tax appeals by hiring a new tax assessor who has reassessed most of the 46 properties.
Most were newer homes costing around $500,000 or higher and most have had their taxes lowered. One plaintiff said the borough's former tax assessor over assessed his home by adding an extra room and other space.
Brewer said the judge did not set a date to hear the attorneys' arguments. The plaintiff’s attorney did not return a call for comment in time for publication.
Carol Fletcher's e-mail address is Fletcher@northjersey.com