Attorney(s) appearing for the Case
Geraldine Callahan, Deputy Attorney General, argued the cause for appellant Council on Affordable Housing (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Geraldine Callahan, on the brief).
Edward L. Picone argued the cause for appellant Township of South Brunswick (Lawrence W. Saltzman, on the brief).
Francine I. Axelrad argued the cause for appellants, The Township of Cherry Hill and the Township Council of the Township of Cherry Hill.
Thomas F. Carroll, III argued the cause for respondents, Frank A. Greek & Sons, Inc., DKM Properties Corporation, Richard V. Nelson, I. Heller Construction Company, Inc., M. Alfieri Company, Inc., Timber Ponds, Inc., Frank DiMisa d/b/a Fox Run II, McCampbell Development, Inc., Eugene J. Long, Chesterfield Farms, Diraje Corporation, Chestnut Run Limited Partnership, Custom Living Homes, Inc., Twin Brooks Limited Partnership, Author N. Furhman, Kendall Woods Limited Partnership and Kendall Construction Corporation (Hill Wallack, attorneys).
David B. Rubin argued the cause for respondent, Morris Industrial Builders, Inc. (Rubin, Rubin, Malgran & Kuhn, attorneys).
Eugene Iadanza argued the cause for respondent, Township of Holmdel and the Township Committee of the Township of Holmdel (Tucci, Iadanza & Reisner, attorneys).
Gary T. Hall argued the cause for respondents, Township of Chester and the Mayor and Township Council of the Township of Chester (McCarter & English, attorneys).
Jeffrey Kantowitz argued the cause for respondents, Realty Transfer Company Liquidating Trust and Cherry Hill Properties Corporation (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys; Jeffrey Kantowitz, of counsel and on the brief; Deirdre Moore, on the brief).
Before Judges BILDER, STERN and KEEFE.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by KEEFE, J.A.D.
After the Supreme Court issued its decision on December 13, 1990, in Holmdel Builders Ass'n v. Township of Holmdel, 121 N.J. 550, 583 A.2d 277 (1990), the Council On Affordable Housing (COAH) issued an "Administrative Order" (AO) on January 28, 1991, announcing its intention to adopt regulations with respect to mandatory development fees...
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