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IN RE PETITION OF HOWELL TP., MONMOUTH COUNTY

852 A.2d 258 (2004)

371 N.J. Super. 167

In re March 22, 2002 Motion to Dismiss and Intervene in the PETITION OF HOWELL TOWNSHIP, MONMOUTH COUNTY. In re October 4, 2002 Motion to Intervene in the Petition of Howell Township, Monmouth County. In re Failure of New Jersey Council on Affordable Housing to Process Timely the Township of Howell's Petition for Substantive Certification.

Superior Court of New Jersey, Appellate Division.

Decided July 14, 2004.

Attorney(s) appearing for the Case

Jeffrey Kantowitz, West Orange, argued the cause for appellant Elon Associates (Goldberg, Mufson & Spar, attorneys; Mr. Kantowitz, of counsel and on the brief).

Santina M. Bombaci, argued the cause for respondent Township of Howell (DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, attorneys; Jeffrey B. Lehrer, Warren, of counsel and on the brief; Ms. Bombaci, on the brief in the A-3531-02T3 appeal).

Pamela E. Gellert, Deputy Attorney General, argued the cause for respondent New Jersey Council on Affordable Housing (Peter C. Harvey, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Ms. Gellert, on the brief).

Before Judges SKILLMAN, COBURN and WELLS.

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

On March 20, 2001, we reversed a final decision of the Council on Affordable Housing (COAH) which had granted substantive certification to Howell Township's "second cycle" affordable housing plan and remanded the matter to COAH for reconsideration in light of factual materials submitted by appellant Elon Associates, L.L.C. In re Township of Howell Petition for Substantive Certification, A-1586-98T2...

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