CALTON HOMES, INC., APPELLANT,
v.
COUNCIL ON AFFORDABLE HOUSING, STATE OF NEW JERSEY, AND THE TOWNSHIP OF MIDDLETOWN, RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued October 17, 1990.
Decided November 19, 1990.
Attorney(s) appearing for the Case
Thomas Jay Hall argued the cause for appellant (Hill, Wallack & Masanoff, attorneys; Henry A. Hill and Yvonne Marcuse, on the brief).
Donald M. Palombi, Deputy Attorney General, argued the cause for respondent State of New Jersey, Council on Affordable Housing (Robert J. Del Tufo, Attorney General, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; Donald M. Palombi and Geraldine Callahan, Deputy Attorney General, on the brief).
Respondent Township of Middletown did not file a brief but relied on the brief submitted by the Council on Affordable Housing.
Before Judges SHEBELL, HAVEY and SKILLMAN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by SHEBELL, J.A.D.
In this appeal Calton Homes, Inc. (Calton)1 challenges the substantive rules adopted by the New Jersey Council on Affordable Housing (Council), N.J.A.C. 5:92-1.1 et seq., "on two grounds: (a) three of the rules are facially invalid because they conflict with the letter of the [Fair Housing] Act or the legislative intent, and (b) the Substantive Rules as a whole produce...
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