IN RE PETITION FOR SUBSTANTIVE CERTIFICATION FILED BY THE TOWNSHIP OF WARREN. IN RE PETITION FOR SUBSTANTIVE CERTIFICATION FILED BY THE TOWNSHIP OF DENVILLE. IN RE PETITION FOR SUBSTANTIVE CERTIFICATION FILED BY THE BOROUGH OF ROSELAND. IN RE PETITION FOR SUBSTANTIVE CERTIFICATION FILED BY THE TOWNSHIP OF HOLMDEL. IN RE PETITION FOR SUBSTANTIVE CERTIFICATION FILED BY THE TOWNSHIP OF HILLSBOROUGH. IN RE PETITION FOR SUBSTANTIVE CERTIFICATION FILED BY THE BOROUGH OF BLOOMINGDALE.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued September 14, 1992.
Decided April 1, 1993.
Attorney(s) appearing for the Case
Geraldine Callahan, Deputy Attorney General, argued the cause for respondent Council on Affordable Housing (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, and Mary C. Jacobson, Deputy Attorney General, of counsel).
John E. Coley, Jr., argued the cause for respondent Township of Warren (Bivona, Cohen, Kunzman, Coley, Yospin, Bernstein & DiFrancesco, attorneys; Richard P. Flaum, on the letter brief).
Edward A. Halpern argued the cause for respondent Township of Hillsborough (Frank N. Yurasko, attorney).
Ronald L. Reisner argued the cause for respondent Township of Holmdel (Tucci, Iadanza and Reisner, attorneys).
Stephan C. Hansbury submitted a letter in lieu of brief on behalf of respondent Township of Denville relying on the brief submitted by the Council on Affordable Housing.
Gabriel H. Halpern submitted a letter in lieu of brief on behalf of respondent Borough of Roseland (Fox and Fox, attorneys).
Richard J. Clemack submitted a letter in lieu of brief on behalf of respondent Borough of Bloomingdale relying on the brief submitted by the Council on Affordable Housing (D'Angelo & Clemack, attorneys).
John M. Payne submitted a brief on behalf of amici curiae American Civil Liberties Union of New Jersey and Civic League of Greater New Brunswick.
Stephen Eisdorfer, Assistant Deputy Public Advocate, argued the cause for appellants, Morris County Fair Housing Council, Morris County Branch of the NAACP, and Public Advocate of New Jersey (Zulima V. Farber, Public Advocate, attorney).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by STEIN, J.
These appeals concern the validity of a regulation adopted by the Council on Affordable Housing (COAH) authorizing municipalities that seek substantive certification of regional fair-share plans for low- and moderate-income housing to make available an occupancy preference for fifty percent of such housing to income-eligible households that reside or work in the municipality...
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