After waiting more than two years for a decision from the New Jersey Superior Court’s Appellate Division, the Oct. 21 unpublished opinion to vacate two previous decisions in the PILOT lawsuit is a travesty, according to Atlantic County Executive Dennis Levinson.
The Appellate Court did not disagree with the earlier decisions of Judge Joseph Marczyck and Judge Michael Blee that found the State of New Jersey had violated a 2018 Consent Settlement regarding casinos payments to Atlantic County in lieu of taxes, noted Levinson. “It only questioned the process.”
“The Appellate Court never indicated the trial court made a mistake, but rather the procedure was flawed because it relied on certified legal affidavits as opposed to sworn testimony. I am told that in 99% of similar cases, certified affidavits are the norm, not the exception,” he stated.
“This appears to be yet another tactic to delay an inevitable decision. But what I find most disturbing is the unnecessary burden and cost to our taxpayers. We have spent a small fortune to fight for what is rightfully ours. In 2018 we reached a $30 million consent agreement in our favor. And we are currently owed more than $14 million for years 2022 through 2024.”
“Does anyone find it strange that despite having more than 700 salaried lawyers in the Attorney General’s Office, the state hired the firm of the former Chris Christie-appointed, U.S. Senator Jeff Chiesa, to fight its battle? Are we to believe there is not one competent attorney on the state’s payroll they could entrust with this case instead of going to outside counsel? Imagine that bill. It could easily be in the millions and growing.”
“The longer this drags on the more costly it becomes. The people of Atlantic County are getting ripped off,” said Levinson, “and I’m not going to stand for it.”
“Casinos are an economic boon to the entire state. Why should Atlantic County taxpayers single-handedly be responsible to pay the tax break for casinos?”
“Former Governor Chris Christie remarked, ‘Atlantic County can afford it,’ early on in the PILOT dispute based on the facts that Atlantic County is very frugal, has a decent surplus and is run extremely well. While I appreciate the compliment,” said Levinson, ”I don’t understand the logic. Why should we be penalized for doing a good job in holding down taxes and debt? Why should Atlantic County bear the burden of casino taxes if casinos are beneficial to all counties in New Jersey? We’re the second poorest county in the state. How is that fair?”
Levinson also questioned the Appellate Court’s issue with “ambiguity” in the previous cases. “This issue was never raised before now. The state never indicated any problem with our affidavits. Why would this be brought up now, if not only to ensure further delays and costly litigation?”
“The fact is three highly respected and experienced judges (Judge Julio Mendez presided over the 2018 Consent Settlement) found nothing ambiguous about the settlement or the parties’ intent,” stated Levinson. “Instead, the Appellate Division decided to ‘punt’ and give the state another bite at the apple by citing an ambiguity where none existed and ask for yet another hearing with a fourth judge.”
“This could have been settled two years ago, but the state refused to ever speak to us despite calls for both parties to mediate,” explained Levinson. “It is extremely unfortunate that the State of New Jersey has such little respect for the citizens of Atlantic County.”
“How much longer will Atlantic County taxpayers be denied millions of dollars in casino tax payments that help fund essential social service programs for our residents?” he asked.
