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IN RE BOROUGH OF ROSELAND

247 N.J. Super. 203 (1991)

588 A.2d 1256

IN RE PETITION FOR SUBSTANTIVE CERTIFICATION FILED BY THE BOROUGH OF ROSELAND.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1991.

Attorney(s) appearing for the Case

Wilfredo Caraballo, Public Advocate, attorney for appellant in A-1554-88T3 and respondent in A-1563-88T3 (Stephen Eisdorfer, Assistant Deputy Public Advocate, on the brief).

Fox & Fox, attorneys for Borough of Roseland, appellant in A-1563-88T3 and respondent in A-1554-88T3 (David I. Fox, of counsel; Audrey S. Stern, on the brief in A-1563-88T3 and David I. Fox, of counsel; Philip H. Cohen, on the brief in A-1554-88T3).

Robert J. Del Tufo, Attorney General, attorney for respondent Council on Affordable Housing (Michael R. Clancy, Assistant Attorney General, of counsel; Geraldine Callahan and Donald M. Palombi, Deputy Attorneys General, on the brief in A-1554-88T3; Mary C. Jacobson, Deputy Attorney General, of counsel; Donald M. Palombi, on the brief in A-1563-88T3).

Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, attorneys for Essex Glen, Inc. submitted a letter advising that it would rely upon the brief submitted by Borough of Roseland (Douglas K. Wolfson, on the letter).

Before Judges SHEBELL, HAVEY and SKILLMAN.

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

The Public Advocate appeals from a final decision of the Council on Affordable Housing (COAH) granting substantive certification pursuant to N.J.S.A. 52:27D-314 to the housing element and fair share plan of the Borough of Roseland (Roseland). Roseland appeals from COAH's interpretation of the occupancy preference authorized by N.J.A.C. 5:92-15.1, which Roseland was required to follow in order...

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