ELON ASSOCIATES, L.L.C., Plaintiff-Appellant,
v.
TOWNSHIP OF HOWELL, Planning Board of the Township of Howell, and New Jersey Council on Affordable Housing, Defendants-Respondents.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued June 2, 2004.
Decided July 1, 2004.
Attorney(s) appearing for the Case
Jeffrey Kantowitz, West Orange, argued the cause for appellant (Goldberg, Mufson & Spar, attorneys; Mr. Kantowitz, of counsel and on the brief).
Santina M. Bombaci, argued the cause for respondent Township of Howell (Di-Francesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, attorneys; Jeffrey B. Lehrer, Warren, of counsel; Dominick M. Manco, on the brief).
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).
Ronald D. Cucchiaro, argued the cause for respondent Planning Board of the Township of Howell (Weiner Lesniak, attorneys; Louis P. Rago, Parsippany, on the brief).
Before Judges SKILLMAN, COBURN and WELLS.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by SKILLMAN, P.J.A.D.
The Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329, provides that if a municipality invokes the administrative procedures of the Council on Affordable Housing (COAH) before Mount Laurel1 litigation is instituted, those procedures must be exhausted before a party may pursue such litigation. The FHA also provides that if COAH grants substantive certification...
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