Provides representation to clients including commercial and industry property owners, developers, and municipalities on issues associated with traditional development and redevelopment projects and related land use issues
Negotiates and drafts PILOT and other financial agreements under New Jersey’s Long Term Tax Exemption Law
Significant experience with complex commercial property tax appeals
Mike represents public and private sector clients in a broad range of real estate and land use matters and litigation, including the development and redevelopment of real estate and the acquisition, disposition and leasing of commercial and multi-family residential properties. He appears on behalf of clients before municipal land use boards and governing bodies in land use and zoning disputes and has experience overseeing complex title issues and drafting easements, restrictive covenants, and other operational and organizational documents on behalf of business and property owners, as well as municipal entities.
Mike provides counsel on the implementation of redevelopment law, and on challenges to redevelopment designations including condemnation actions, under New Jersey’s Local Redevelopment and Housing Law (LRHL). He assists clients in obtaining development approvals and land use variances under New Jersey’s Municipal Land Use Law (MLUL). He negotiates and drafts financial agreements (Payment in Lieu of Taxes, or PILOT agreements) under New Jersey’s Long Term Tax Exemption Law.
Mike has significant expertise in complex property tax appeals, guiding clients in full compliance with all procedural requirements and aggressively advocating for a fair and equitable valuation. He advises on valuation and revaluation, exemptions, abatements and farmland assessment qualifications, and in responses to Chapter 91 income and expense requests from municipal tax assessors to the owners of income-producing properties. Mike has successfully negotiated significant reductions in assessments and tax liability on behalf of numerous commercial property owners. He appears on behalf of clients at hearings before the County Board of Taxation and in trials before the New Jersey Tax Court and represents clients in the defense of reverse tax appeals. His experience includes municipal tax appeals involving casinos, office complexes, corporate headquarters, industrial facilities, oil refineries, gas stations, warehouses, hotels, banks, telecommunication facilities, assisted living facilities, nursing homes, apartment buildings and condominiums.
Mike’s experience also encompasses the representation of mortgage lenders and servicers in foreclosure, loan restructuring, and lien priority disputes, and in the defense of affirmative claims brought under the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), and the Fair Debt Collection Practices Act (FDCPA).
Results may vary depending on your particular facts and legal circumstances.
Commercial Office Devaluation: Secured an 86% assessment reduction for a 124,000 square feet office building, decreasing the valuation from $3.6 million to $522,000. By successfully arguing the impact of significant vacancies on the property’s economic utility, achieved a single-year tax savings of approximately $182,000.
Multifamily Assessment Appeal: Achieved a 47% reduction in the assessed value of a 90-unit apartment complex. The appeal leveraged a "perfect storm" of valuation factors, including increased tenant vacancy, declining market rental rates, and a favorable application of the municipality’s Chapter 123 Average Ratio (which had fallen below 60%). The result provided the client with over $83,500 in annual tax relief.
Residential Portfolio Stabilization: Represented the owner of a 22-unit apartment building in a successful challenge that reduced the property’s assessment by 22% ($2.3 million to $1.8 million). The strategy centered on a technical analysis of the municipality's assessment-to-value ratio, successfully triggering a reduction under Chapter 123 for a single-year savings of approximately $36,000.
Reverse Tax Appeal Defense: Successfully defended an industrial property owner against a municipality-initiated reverse tax appeal seeking to increase the property’s assessment. Through aggressive negotiation and deep technical knowledge of municipal prosecution requirements, reached a settlement that preserved the existing assessment and shielded the client from a multi-year tax increase.
Redevelopment
Advising a private developer on a $10 million workforce-housing residential redevelopment in the City of Plainfield, including structuring and negotiating a redevelopment agreement and securing a PILOT agreement with the municipality. This matter also involved representing the client before the local planning board to obtain preliminary and final major site plan approval with variance relief to enable construction of the 36-unit project.
In the firm’s capacity as Special Redevelopment Counsel to a South Jersey municipality, we provide representation related to the proposed $294+ million redevelopment of a former port and rail terminal into a major energy-storage and logistics facility. Our role includes advising on redevelopment and financial agreements with the redeveloper and providing counsel on regulatory issues and public-engagement strategy for a large-scale cryogenic storage and infrastructure project with regional economic and environmental implications.
Representating a leading real estate owner/operator on the $163 million acquisition of a multi-parcel, mixed-use redevelopment in Wood-Ridge with more than 400 residential units and retail space. Our team’s efforts enabled the assumption of existing redevelopment agreements and multiple PILOT agreements, addressed affordable-housing compliance and condominium ownership issues, and cleared municipal approvals critical to completing the acquisition and advancing the project.
Representing the Township of Harding on an $80 million mixed-use affordable housing and senior-living redevelopment and the $20+ million restoration of the historic Glen Alpin property, utilizing the provisions of New Jersey redevelopment law to satisfy the Township’s affordable housing obligations while preserving the landmark site. The engagement has included the negotiation of redevelopment and financial agreements, the resolution of Green Acres restrictions, securing municipal ownership of the property, and advancing a financially viable plan that integrates affordable housing, senior living, historic restoration, and long-term public access.
As part of the firm’s ongoing representation of Hartz Mountain Industries in various matters throughout the years, assisted this leading national real estate developer on land use approvals for a $500+ million master-planned project in Roxbury Township, encompassing nearly 2.5 million square feet of industrial development, residential units, public amenities, infrastructure improvements, and dedication of over 400 acres of open space.
Serving as redevelopment counsel to the Town of Westfield on multiple major initiatives, including the $500+ million transformation of its downtown core, advising on redevelopment agreements, land disposition, public improvements, financial agreements, bond-financed infrastructure, and public-private partnerships across several concurrent projects.
The firm has represented Capodagli Property Company as the developer of numerous large-scale redevelopment matters and in land use litigation throughout New Jersey. Our representation has included $40 million lost-profit litigation in Toms River, securing redevelopment approvals in Rahway, and builders-remedy and redevelopment litigation in multiple municipalities, involving projects exceeding $300 million in aggregate value.
Representing Monmouth University in campus-wide land use and redevelopment matters, including securing approvals for the Bruce Springsteen Archives and Center for American Music and advising on student housing, athletic, academic, and infrastructure expansions exceeding $20 million.
The firm’s role as Special Redevelopment and Affordable Housing Counsel to the Municipality of Princeton involves the redevelopment of the Princeton Seminary property, acquisition of more than six acres through eminent domain for $42 million, and planning for multiple affordable housing projects totaling more than $185 million.
Representing a privately held commercial and residential real estate investment and development company in redevelopment and land use matters throughout New Jersey, including securing approvals for residential and mixed-use projects and advising on developments valued at approximately $20 million.
Representing a New York-based scaffolding contractor in the development of a $5 million manufacturing and office facility in Branchburg, including negotiation of municipal settlement agreements resolving neighboring objections.
Assisted a New Jersey teaching hospital and biomedical research facility in securing local and county approvals for expansion of its Critical Decision Unit facility.