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Michael D. Benak
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Michael D. Benak

Partner

973.639.7982
Newark
mbenak@mccarter.com

Michael Benak focuses on his clients’ goals and priorities to achieve successful outcomes in litigation and the court room, or by implementing effective settlement strategies.

Mike concentrates his practice in the area of local property taxation.  He is a member of the firm’s Real Property Tax Planning and Appeals Team, helping clients reduce property assessments, negotiate tax abatements and exemptions for qualified taxpayers, and secure incentive packages for relocating businesses. Mike handles nationally prominent property tax cases that set new legal precedent.

Mike actively reduces taxpayer liability on a variety of property types across the United States, including but not limited to: big box retail, power plants, apartment complexes, corporate headquarters, regional malls, research and development facilities, office buildings, movie theatres, hotels, warehouses, golf courses, and other unique properties.

Mike is a past Chair of the Taxation Law Section of the New Jersey State Bar Association. He continues to be an active member of the New Jersey Supreme Court Committee on the Tax Court, since his nomination during the 2016 term. These experiences prove valuable for clients since Mike is engaged in the discussion of property tax policy issues with colleagues, elected officials, and current and former Judges.

Representative Matters

Plaza Twenty Three—Property tax appeal

Represented this shopping mall center owner in a property tax appeal trial that saved them more than $2.4 million. After valuation claims were presented suggesting that the subject property was overvalued by some $20 million, the Tax Court entertained argument from counsel with respect to illegal spot-assessing after the property sold. The Tax Court ruled that the assessor for Pequannock Township in New Jersey had illegally spot-assessed the subject property after its transfer, thereby invalidating the increased assessment and providing dramatic relief to the taxpayer.

Highlights

Recognitions

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The Best Lawyers in America, Ones to Watch, Real Estate Law and Tax Law, New Jersey, 2021–2023
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New Jersey Rising Star, Super Lawyers, 2017–2022
Ranking Disclaimers: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. For The Best Lawyers in America methodology, see https://www.bestlawyers.com/methodology. For SuperLawyers methodology, see https://www.superlawyers.com/about/selection_process.html.

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Services

Real Property Tax Planning & Appeals
Tax & Employee Benefits
Hospitality

Education

Seton Hall University School of Law JD, 2012
University of Delaware BS, cum laude, 2009

Bar Admissions

New Jersey
New York

Court Admissions

U.S. District CourtDistrict of New Jersey

Judicial Clerkships

Judicial Law Clerk
The Hon. Joseph M. Andresini, Tax Court of New Jersey, 2012–2013

Memberships & Certifications

New Jersey State Bar Association
Taxation Section
Chair, 2020–2021

New York State Bar Association

NJ Supreme Court Committee on the Tax Court
Member

Institute for Professionals in Taxation
Associate Member

International Council of Shopping Centers
Member

Insights Awards Trophy
News|Recognition
The Best Lawyers in America Recognizes 153 McCarter Attorneys in 2023 Referral Guide; Names Four “Lawyer of the Year”
The Best Lawyers in America
8.19.2022
mccarter partners
News|Press
McCarter Elevates New Class of Ten Partners
4.6.2022
Media item displaying NJ Tax Court: Bench-Bar Discussion
Events|Webinar
NJ Tax Court: Bench-Bar Discussion
4.29.2020
Insights Speaking Podium
Events|Speaking Engagement
Attorney Ethics in Local Property Taxation
Association of Municipal Assessors of New Jersey’s June Conference
6.27.2019
McCarter & English, LLP
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The McCarter & English, LLP website is for informational purposes only. We do not provide legal advice on this website. We can provide legal advice only to our clients in specific inquiries that they address to us. If you are interested in becoming a client, please contact us, but do not send any information about your specific legal question. We cannot serve as your lawyers until we establish an attorney-client relationship, which can occur only after we follow procedures within our firm and after we agree to the terms of the representation.

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