In re SIX MONTH EXTENSION OF N.J.A.C. 5:91-1 ET SEQ.
In re Grant of Extended Substantive Certification to Allamuchy Township, Lawrence Township, Harding Township, Union Township (Hunterdon County), Manalapan Township, Glen Rock Borough, Cranbury Township, Bayonne City, Ridgefield Borough and Denial of Motion to Invalidate Extended Substantive Certification Previously Granted to Forty-Six Municipalities.
In re Grant of Extended Substantive Certification to Allamuchy Township, Lawrence Township, Harding Township, Union Township (Hunterdon County), Manalapan Township, Glen Rock Borough, Cranbury Township, Bayonne City, Ridgefield Borough and Denial of Motion to Invalidate Extended Substantive Certification Previously Granted to Forty-Six Municipalities.
In the Matter of Extended Second Round Certification Granted to East Brunswick.
In re Readoption of N.J.A.C. 5:91-14.
In the Matter of Resolutions Approving Readington Township's Amendment to Substantive Certification by the New Jersey Council on Affordable Housing and Grant of Extension Pursuant to N.J.A.C. 5:91-14.3.
In re Grant of Extended Substantive Certification to Township of Roxbury.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 5, 2004.
Decided August 31, 2004.
Attorney(s) appearing for the Case
Stephen M. Eisdorfer, Princeton, argued the cause for appellant New Jersey Builders Association in A-0795-02, A-1313-02, and A-4792-02 (Hill Wallack, attorneys; Mr. Eisdorfer and Henry T. Chou, on the briefs).
Kenneth H. Zimmerman argued the cause for appellant Coalition for Affordable Housing and the Environment in A-1931-02 (New Jersey Institute for Social Justice and Rutgers Environmental Law Clinic, attorneys; Mr. Zimmerman, Susan J. Kraham, New York, NY and John M. Payne, of counsel; Nancy L. Fishman and Craig R. Levine, on the brief).
Carl S. Bisgaier, Cherry Hill, argued the cause for appellant Toll Brothers, Inc. in A-4814-02 (Flaster & Greenberg, attorneys; Mr. Bisgaier and Tracy A. Siebold, on the brief).
Thomas F. Carroll, Princeton, argued the cause for appellant Roxbury 80, L.L.C. in A-5228-02 (Hill Wallack, attorneys; Mr. Carroll and Stephen M. Eisdorfer, on the brief).
David J. Frizell, Metuchen, argued the cause for appellant Anthony Bailes et al. in A-3778-02 (Frizell & Samuels, attorneys; Mr. Frizell, on the brief).
George N. Cohen, Deputy Attorney General, argued the cause for respondent Council on Affordable Housing in all appeals (Peter C. Harvey, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Mr. Cohen, on the briefs).
Stuart R. Koenig, Cedar Grove, argued the cause for respondent State League of Municipalities in A-1313-02 and A-1931-02 (Stickel, Koenig & Sullivan, attorneys; Mr. Koenig, on the briefs).
Jeffrey R. Surenian, Toms River, argued the cause for respondent Borough of Bloomingdale in A-1313-02 and A-1931-02 (Lomell Law Firm, attorneys; Mr. Surenian, on the briefs).
Robert F. Munoz, Freehold, argued the cause for respondent Township of Manalapan in A-1931-02 (LoMurro, Davison, Eastman & Munoz, attorneys; Mr. Munoz, on the brief).
Howard D. Cohen, Lawrenceville, argued the cause for respondent Readington Township in A-4814-02 (Parker, McCay & Criscuolo, attorneys; Mr. Cohen, of counsel and, with Edward P. Abbott, on the brief).
Gerald J. Muller, Princeton, argued the cause for respondent Township of Roxbury in A-5228-02 (Miller, Porter & Muller, Special Counsel, and Jansen, Bucco, DeBona & Semrau, Municipal Attorneys, attorneys; Mr. Muller and Anthony M. Bucco, Riverdale, of counsel and on the brief).
Vogel, Chait, Collins & Schneider, attorneys for respondent Township of Allamuchy in A-1313-02 and A-1931-02 (Thomas F. Collins, Jr., Morristown and Thomas J. Molica, Jr., on the briefs).
Mason, Griffin & Pierson, attorneys for respondent Township of Cranbury in A-1313-02 and A-1931-02 (Trishka Waterbury, Princeton, on the brief).
Hoagland, Longo, Moran, Dunst & Doukas, attorneys for respondent Township of East Brunswick in A-3778-02 (George W. Pressler, Jr., New Brunswick and Anthony C. Iacocca, on the brief; Michael J. Baker appearing).
Mason, Griffin & Pierson, attorneys for respondent Township of Princeton in A-1313-02 and A-1931-02 (Edwin W. Schmierer, Princeton, of counsel; Trishka Waterbury, on the brief).
Basile, Birchwale & Pellino, attorneys for respondent Borough of Ridgefield in A-1313-02 and A-1931-02 (Stephen F. Pellino, Ridgefield, on the brief).
Durkin & Boggia, attorneys for respondent Village of Ridgefield Park in A-1313-02 (Martin T. Durkin, Ridgefield Park, on the brief).
Feldman & Fiorello, attorneys for respondent Township of Wayne in A-1313-02 and A-1931-02 (John Fiorello, Wayne, on the brief).
Brian D. Smith, White Township Attorney, attorney for respondent Township of White in A-1313-02 and A-1931-02.
Forty-five other municipalities join in the brief of respondent State League of Municipalities.
Before Judges KESTIN, CUFF and LARIO.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
KESTIN, P.J.A.D.
These seven related appeals, with common issues, were scheduled for argument and consideration together. We consolidate them for the purposes of this opinion.
I
The Council on Affordable Housing (COAH) adopted interim procedural rules in N.J.A.C. 5:91-14, effective November 1, 1999, designed to address the anticipated time gap between the expiration of its second-round cycle...
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