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George Arsenis, et al. v. Borough of Bernardsville, New Jersey, et al.

Paid petition · Superior Court of New Jersey, Appellate Division, No. A-0603-21 · judgment June 28, 2023


Certiorari denied · December 16, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The questions presented for review are

  1. Whether the selective reassessment of 380 Claremont Road by Town Assessor Edward Kerwin, conducted without a district-wide revaluation or the presence of significant property improvements, violates the Equal Protection Clause of the Fourteenth Amendment by creating unconstitutional disparities in property taxation.

  2. Whether the spot assessment conducted by the Town Assessor, which disproportionately targeted properties that had recently sold, violates New Jersey’s constitutional and statutory requirements for uniform property taxation, as established in N.J.S.A. 54:4-23 and related case law, thus raising a substantial feder­ al question of equal protection.

  3. Whether the practice of spot assessing real property, as applied by Borough of Bernardsville, violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, in light of the New Jersey Supreme Court’s decision in West Milford Tp. v. Van Decker, 120 N.J. 354 (1990), which held that discriminatory spot assessments contravene principles of uniformity and fairness in taxation.

  4. Whether the U.S. Supreme Court should inter­ vene to resolve the conflict between federal equal pro­ tection principles and state practices of property assessment, particularly when such practices lead to discriminatory tax burdens on specific property owners without a rational basis for differential treatment.

Counsel of record

For petitioner

For respondent
John Charles Gillespie
Parker McCay P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 16 2024
    Petition DENIED.
  2. Nov 26 2024
    DISTRIBUTED for Conference of 12/13/2024.
  3. Nov 21 2024
    Reply of petitioners George Arsenis, et al. filed.
  4. Nov 06 2024
    Brief of respondents Borough of Bernardsville, New Jersey, et al. in opposition filed.
  5. Aug 27 2024
    Petition for a writ of certiorari filed. (Response due November 8, 2024)