SOD FARM ASSOCIATES v. TP. OF SPRINGFIELD


840 A.2d 885 (2004)

366 N.J. Super. 116

SOD FARM ASSOCIATES, et al., and Springco Development, LLC, Plaintiffs-Respondents, v. TOWNSHIP OF SPRINGFIELD and Planning Board of the Township of Springfield, Defendants-Respondents, and New Jersey Council on Affordable Housing, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 2004.


Attorney(s) appearing for the Case

George N. Cohen, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Pamela E. Gellert, Deputy Attorney General, on the brief).

Dennis P. McInerney, Moorestown, argued the cause for respondent Township of Springfield and joined in the brief submitted by the Council on Affordable Housing.

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

Henry L. Kent-Smith, Princeton, argued the cause for respondent SpringCo Development, LLC (Saul Ewing LLP, attorneys; Mr. Kent-Smith, of counsel and on the brief).

Before Judges PETRELLA, WEFING and COLLESTER.


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

The Council on Affordable Housing (COAH or Council) has appealed, on leave granted, from an order of the Law Division entered in an action in lieu of prerogative writs challenging adoption of an affordable housing zoning ordinance. The Law Division asserted jurisdiction to determine whether Springfield Township had satisfied its Mt. Laurel

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