TOWNSHIP OF BERNARDS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
STATE OF NEW JERSEY, DEPARTMENT OF COMMUNITY AFFAIRS, AND NEW JERSEY COUNCIL ON AFFORDABLE HOUSING, DEFENDANTS-RESPONDENTS.
IN THE MATTER OF THE RULES PROMULGATED BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING N.J.A.C. 5:92-1.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued February 21, 1989.
Decided April 5, 1989.
Attorney(s) appearing for the Case
Howard P. Shaw argued the cause for appellant Township of Bernards (Schenck, Price, Smith & King, attorneys; James E. Davidson and Howard P. Shaw on the brief).
Ralph J. Kmiec, argued the cause for appellant Township of Cherry Hill (Ralph J. Kmiec, on the brief).
Geraldine Callahan, Deputy Attorney General argued the cause for respondents Department of Community Affairs and New Jersey Council on Affordable Housing (Peter N. Peretti, Jr., Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Geraldine Callahan and Donald M. Palombi, Deputy Attorneys General, on the brief).
Before Judges DREIER, HAVEY and BROCHIN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by DREIER, J.A.D.
The Township of Bernards [Bernards] and the Township of Cherry Hill [Cherry Hill] appeal from the promulgation of rules by the New Jersey Council on Affordable Housing [COAH]. See N.J.A.C. 5:92-1 thru 17.3. Both Bernards and Cherry Hill contest the validity of N.J.A.C. 5:92-6.1. Bernards also contests sections 8.4(c) and 8.5(f), but asserts that the...
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