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ICSC has learned that a tax standing case, DCH Auto v. Town of Mamaroneck, in which ICSC and a variety of retailers and municipal groups filed amicus briefs, was decided favorably by the New York state Court of Appeals.
In a unanimous 7-0 ruling, the Court of Appeals reversed DCH Auto and established binding precedent clarifying that a net tenant who is contractually obligated to pay real estate taxes has the statutory right to file the administrative complaint.
Lawyers involved with the case from Forchelli, Deegan, Terrana, of Uniondale, NY call this “a complete victory for net tenants whose existing tax certiorari proceedings had been placed at serious risk by the erroneous notion that only the property owner could file the administrative complaint.”