IN RE APPLICATION OF TWP. OF JACKSON


795 A.2d 318 (2002)

350 N.J. Super. 369

In the Matter of the APPLICATION OF THE TOWNSHIP OF JACKSON, a Municipal Corporation of the State of New Jersey, Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 2002.


Attorney(s) appearing for the Case

Ronald C. Morgan argued the cause for appellant Jackson Township (Parker, McCay & Criscuolo, attorneys; Stacy L. Moore, Jr., of counsel; Mr. Morgan, on the brief).

William P. Malloy, Deputy Attorney General, argued the cause for respondent Council on Affordable Housing (David Samson, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Mr. Malloy, on the brief).

Before Judges HAVEY, COBURN and WEISSBARD.


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

This appeal concerns the interpretation by the Council on Affordable Housing (COAH) of § 307e of the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329. Section 307e caps a municipality's "fair share" obligation at 1,000 units "within six years from the grant of substantive certification, unless it is demonstrated, following ... an evidentiary hearing ... that it is likely that the municipality...

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