New Jersey Seeks Early Appellate Hearing on PILOT Lawsuit

Atlantic County, New Jersey, has accused the state of putting the cart before the horse. The state has asked for an appellate hearing when the case challenging the change to the Atlantic City casinos’ PILOT payments has not been completely adjudicated.

New Jersey Seeks Early Appellate Hearing on PILOT Lawsuit

Atlantic County, New Jersey officials accused the state of delaying the inevitable when it comes to the PILOT program, payment in lieu of taxes for Atlantic City. The county so far has prevailed in state efforts to change the formula by which the payments are calculated. In December, lawmakers approved a bill which subtracted sports betting and iGaming revenues from the mix.

But the new formula reduced the amount due the county in violation of a 2018 settlement with the state. A judge has already ruled in favor of the county. The county is seeking damages and Atlantic County Assignment Judge Michael J. Blee set oral arguments for July 13, according to County Counsel Jim Ferguson, according to the Press of Atlantic City.


But the state has asked the appellate court to step in before the trial case concludes.

“The state has figured out a way to squander more taxpayer money over this case,” Levinson said. Atlantic County Executive Dennis Levinson said Tuesday.

It’s all premature Ferguson said “All we have so far is a judgment of the trial court on liability. Damages have not yet been determined. That’s the next step.”

The county must file its opening submission regarding sanctions and/or damages by May 23, Ferguson said, and the state has until June 13 to file its written opposition. The county then has until June 20 to file its response to the state, and oral arguments are set for July 13.

The longer the state drags out the case, the more it will cost taxpayers, said county spokesperson Linda Gilmore. “We are not asking for anything more than what the state and this governor agreed to.

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