IN RE COUNCIL ON AFFORDABLE HOUSING TO ADOPT TRUST FUND COMMITMENT REGULATIONS

DOCKET NO. A-5257-11T4, DOCKET NO. A-0122-13T3

112 A.3d 595 (2015)

440 N.J. Super. 220

In re Failure of the COUNCIL ON AFFORDABLE HOUSING TO ADOPT TRUST FUND COMMITMENT REGULATIONS.

Superior Court of New Jersey, Appellate Division.

Decided April 9, 2015.


Attorney(s) appearing for the Case

Kevin D. Walsh , Cherry Hill, argued the cause for appellant Fair Share Housing Center (Fair Share Housing Center, attorney; Mr. Walsh, Adam M. Gordon and Laura Smith-Denker , on the briefs).

Geraldine Callahan , Deputy Attorney General, argued the cause for respondent Council on Affordable Housing ( John J. Hoffman , Acting Attorney General, attorney; Robert T. Lougy , Assistant Attorney General, of counsel; Ms. Callahan, on the briefs).

Jeffrey R. Surenian argued the cause for intervenor New Jersey State League of Municipalities (Jeffrey R. Surenian & Associates and NJ State League of Municipalities, attorneys; Mr. Surenian, of counsel and on the brief; Donna A. McBarron , Red Bank, on the briefs).

Donald J. Sears argued the cause for intervenor Township of South Brunswick.

Gerald J. Muller , Princeton, argued the cause for amicus curiae Affordable Housing Professionals of New Jersey (Miller, Porter & Muller, P.C., attorneys; Mr. Muller, on the brief).

Before Judges FISHER, NUGENT and ACCURSO.


The opinion of the court was delivered by

Despite the Legislature's clear and unambiguous direction that the Council on Affordable Housing (COAH) promulgate regulations defining when affordable housing trust funds are committed, and despite previously expressing its intention to...

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