Ho-Ho-Kus April 18, 2012 THE VILLADOM TIMES III • Page 3 Railroad club’s lawsuit to be heard in September by Jennifer Crusco Hackensack Tax Court Judge Joseph Andresini recently moved to adjourn the Ramapo Valley Railroad Club’s lawsuit against the Borough of Ho-Ho-Kus. Borough Attorney David Bole, who is handling the case for the municipality, said the case will be heard in September at a date to be determined. The club is suing the borough over the tax assessor’s assertion that the club, which leases space in the Veterans of Foreign Wars building at 620 Post Street, should pay property tax on the portion of the building used by the club. The borough first requested payment from the club in 2010, but the club has declined to pay the tax bill for the building, which is owned by the VFW. Bole reported that, as of last week, the club is still not paying the property tax. As this is an exemption case, Bole said the club is not required to pay while the suit is pending. However, if the court eventually rules in the borough’s favor, the club would be required to pay back taxes. Steve Irwin, Esq., who is representing the model railroad club, previously asserted that the club is not required to pay the property tax on the building for its qualified exempt use of the property. The club’s members have pointed out the organization’s educational and charitable functions, including the annual holiday event, which is open to the general public. Late last year, Irwin said the club had “done nothing to imperil the exemption from taxation that the VFW has.” According to Irwin, there had been an exemption for “20 years, until, out of the clear blue, the assessor decided to make it taxable.” The attorney asserted that nothing had changed. As of December 2011, the amount of the tax owed was approximately $1,800. Bole previously said that the tax collector advised that the case could end with a tax sale. The situation is unique, he noted, since the club does not own the building. He explained that a tax sale involving the property would consist of an interested party purchasing the tax sale certificate. The purchaser would not be buying the building, but rather the interest in the building now held by the railroad club; that is, the leasehold. The attorney pointed out that it would be unusual for someone to buy the tax sale certificate when a leasehold situation would be inferior to ownership. In late 2009, Ho-Ho-Kus Tax Assessor Marie Merolla advised VFW Post 192 Commander Stanley Kober that she had reviewed the lease and property tax exemption forms (continued on page 18)