Page 6 THE VILLADOM TIMES III • October 10, 2012 Ho-Ho-Kus Railroad club’s lawsuit to be heard in December by Jennifer Crusco The Ramapo Valley Railroad Club’s lawsuit against the Borough of Ho-Ho-Kus has been rescheduled for Dec. 12. The case was to have been heard in September, but Hackensack Tax Court Judge Joseph Andresini recently moved to adjourn the suit until later this year. 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 the club uses. 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. Ho-Ho-Kus officials declined to release the exact amount of taxes involved in the case, citing the pending litigation. Ho-Ho-Kus Borough Attorney David Bole is handling the case for the municipality. Bole previously explained that this is an exemption case, and the club is not required to pay the tax while the suit is pending. However, if the court ultimately 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 taxes on the building for its qualified exempt use of the property. The club’s members have cited the organization’s educational and charitable functions, including the annual holiday event, which is open to the public. In late 2011, Irwin said the club had “done nothing to imperil the exemption from taxation that the VFW has.” According to the attorney, there had been an exemption for “20 years, until, out of the clear blue, the assessor decided to make it taxable.” He claims that nothing has changed. 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 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. (continued on page 10)