IN RE 2003 LOW INCOME HOUSING TAX


848 A.2d 1 (2004)

369 N.J. Super. 2

In re ADOPTION OF the 2003 LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN.

Superior Court of New Jersey, Appellate Division.

Decided April 28, 2004.


Attorney(s) appearing for the Case

Peter J. O'Connor argued the cause for appellants Fair Share Housing Center, Camden County Branch of N.A.A.C.P., Southern Burlington County N.A.A.C.P., and Camden City Taxpayers Association (Fair Share Housing Center, attorneys; Mr. O'Connor and Kevin D. Walsh, on the brief).

Carol Johnston, Senior Deputy Attorney General, argued the cause for respondent New Jersey Housing and Mortgage Finance Agency (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Johnston and Kimberly A. Sked, Deputy Attorney General, on the brief).

Kenneth Zimmerman argued the cause for amici curiae New Jersey Institute for Social Justice, Coalition for Affordable Housing and the Environment, Housing and Community Development Network, and New Jersey Public Policy Research Institute (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Lawrence S. Lustberg, Philip G. Gallagher and Mr. Zimmerman, of counsel and on the brief).

William H. Buckman, Rutland, VT, attorney for amicus curiae Lawyers' Committee for Civil Rights Under Law (Mr. Buckman, of counsel and on the brief).

Norris, McLaughlin & Marcus, Bridgewater, attorneys for amicus curiae Local Initiatives Support Corporation (Edward G. Sponzilli, of counsel; Haekyoung Suh, on the brief).

Carl D. Poplar, Turnersville, attorneys for amici curiae Professor Myron Orfield of the Institute on Race and Poverty at the University of Minnesota Law School and Professor John A. Powell of the Kirwan Institute for the Study of Race and Ethnicity of Ohio State University (Mr. Powell, Mr. Orfield and Marguerite L. Spencer, on the brief).

Before Judges HAVEY, NEWMAN and FALL.


The opinion of the court was delivered by

HAVEY, P.J.A.D.

In this appeal, four public interest organizations challenge the validity of the 2003 Qualified Allocation Plan (QAP) adopted by respondent New Jersey Housing Mortgage Finance Agency (HMFA). A QAP is the means by which a state housing credit agency administers the Low Income Housing Tax Credit (LIHTC) program created by federal law. 26 U.S.C.A. §...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases