American Stores v. Town of Kearny

Plaintiff American Stores appeals from a judgment of the Tax Court establishing tax assessments for the years 1988, 1989 and 1990 of its property located at Central Avenue and Second Street in Kearny. The property involved is an Acme distribution facility consisting of 585,000 square feet of warehouse space.

Plaintiff argues that the Tax Court erred in refusing to reduce the assessments to reflect a 5% “environmental reserve.” This reserve would be used for the expense of monitoring any possible environmental contamination of the property.

In Jablin v. Borough of Northvale, 13 N.J.Tax 103, 109…