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ALEXANDER'S v. PARAMUS BOR.

125 N.J. 100 (1991)

592 A.2d 1168

ALEXANDER'S DEPARTMENT STORES OF NEW JERSEY, INC., A NEW JERSEY CORPORATION, AND SAKRAF WINE AND LIQUOR STORE, INC., A NEW JERSEY CORPORATION, PLAINTIFFS-RESPONDENTS, v. BOROUGH OF PARAMUS, NEW JERSEY JOSEPH CIPOLLA AS MAYOR OF THE BOROUGH OF PARAMUS, NEW JERSEY, THE BOROUGH COUNCIL OF THE BOROUGH OF PARAMUS, NEW JERSEY, DEFENDANTS-RESPONDENTS, AND THE PLANNING BOARD OF THE BOROUGH OF PARAMUS, NEW JERSEY, WESTLAND PROPERTIES, INC., A DELAWARE CORPORATION, WESTLAND GARDEN STATE PLAZA, L.P., A NEW JERSEY LIMITED PARTNERSHIP, WESTFIELD, INC., A CONNECTICUT CORPORATION, AND WESTFIELD MANAGEMENT, INC., A CALIFORNIA CORPORATION, DEFENDANTS, AND THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 24, 1991.

Attorney(s) appearing for the Case

Joseph L. Yannotti, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Joseph L. Yannotti and Donald M. Palombi, Deputy Attorney General, on the brief).

Gary T. Hall argued the cause for respondents Borough of Paramus, et al. (McCarter & English, attorneys; Alfred L. Ferguson, of counsel).

Robert S. Raymar argued the cause for respondents Alexander's Department Stores of New Jersey, Inc., and Sakraf Wine and Liquor Store, Inc. (Hellring, Lindeman, Goldstein & Siegal, attorneys; Robert S. Raymar and Jonathan L. Goldstein, of counsel).

The opinion of the Court was delivered by GARIBALDI, J.

This appeal concerns the use of actions in lieu of prerogative writs and the scope of the jurisdiction of the Council on Affordable Housing (COAH) created under the New Jersey Fair Housing Act of 1985, N.J.S.A. 52:27D-301 to -329 (FHA). Specifically at issue is whether a plaintiff challenging a borough's zoning ordinance that implements COAH's substantive certification of its fair-share housing plan may...

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