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PARAMUS SUBSTANTIVE CERT. NO. 47

249 N.J. Super. 1 (1991)

591 A.2d 1345

PARAMUS SUBSTANTIVE CERTIFICATION NO. 47 ("FANWOOD BILL").

Superior Court of New Jersey, Appellate Division.

Decided May 24, 1991.

Attorney(s) appearing for the Case

Robert S. Raymar argued the cause for appellants Alexander's Department Stores of New Jersey, Inc. and Sakraf Wine and Liquor Store, Inc. (Hellring Lindeman Goldstein Siegal Stern & Greenberg, attorneys; Jonathan L. Goldstein, Robert S. Raymar and Heidi H. Hellring, of counsel); Robert S. Raymar on the brief and reply brief).

Donald M. Palombi, Deputy Attorney General, argued the cause for respondent New Jersey Council on Affordable Housing (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; Donald M. Palombi on the brief).

Gary T. Hall argued the cause for respondents Borough of Paramus, Mayor and Borough Council of Paramus (McCarter & English, attorneys; Alfred L. Ferguson, of counsel; Gary T. Hall and Lisa S. Bonsall on the brief).

Theodore L. Abeles argued the cause for respondents Westland Properties, Inc., and Westland Garden State Plaza (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; Theodore L. Abeles on the brief).

Before Judges KING, R.S. COHEN and STERN.

The opinion of the court was delivered by KING, P.J.A.D.

This appeal requires us to interpret the so-called "Fanwood Bill," L. 1989, c. 142; N.J.S.A. 52:27D-311.1 and 313.1, effective August 3, 1989. That act amends the Fair Housing Act, N.J.S.A. 52:27D-301 to -329, by prohibiting the Council on Affordable Housing (COAH) from requiring municipalities seeking substantive certification to consider as available for affordable housing sites...

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