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TOCCO v. COUNCIL ON AFF. HOUSING

242 N.J. Super. 218 (1990)

576 A.2d 328

FRED J. TOCCO, PLAINTIFF-APPELLANT, v. NEW JERSEY COUNCIL ON AFFORDABLE HOUSING, DEFENDANT-THIRD-PARTY PLAINTIFF/RESPONDENT, v. TOWNSHIP OF CHERRY HILL, THIRD-PARTY DEFENDANT/RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 1990.

Attorney(s) appearing for the Case

S. David Brandt argued the cause for appellant (Brandt, Haughey, Penberthy, Lewis & Hyland, P.C., attorneys; Patrick F. McAndrew and S. David Brandt on the brief; Patrick F. McAndrew on the reply letter brief).

Geraldine Callahan, Deputy Attorney General, argued the cause for respondent Council on Affordable Housing (Robert J. Del Tufo, Attorney General; Mary C. Jacobson, Deputy Attorney General, of counsel; Geraldine Callahan on the brief).

Francine I. Axelrad argued the cause for respondent Township of Cherry Hill.

Before Judges ANTELL, ASHBEY and ARNOLD M. STEIN.

The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

Plaintiff appeals the order granting summary judgment to defendant-third-party plaintiff Council on Affordable Housing (COAH) and dismissing the complaint. In a comprehensive oral opinion, Judge Gibson ruled that COAH's imposition of an eighteen-month moratorium on the development of certain lands in Cherry Hill Township was not an unconstitutional taking of plaintiff's affected property. U.S. Const...

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