IN RE PETITION FOR CERTIF. OF MONTVALE


899 A.2d 327 (2006)

386 N.J. Super. 119

In re PETITION FOR SUBSTANTIVE CERTIFICATION OF BOROUGH OF MONTVALE.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 2006.


Attorney(s) appearing for the Case

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

Russell R. Huntington, Westwood, argued the cause for respondent Borough of Montvale (Huntington Bailey, attorneys; Mr. Huntington, of counsel and on the brief; Siobhan Spillane Bailey, on the brief).

George N. Cohen, Deputy Attorney General, argued the cause for respondent New Jersey Council on Affordable Housing (Zulima V. Farber, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Pamela E. Gellert, Deputy Attorney General, on the brief).

Before Judges COBURN, LISA and S.L. REISNER.


The opinion of the court was delivered by

S.L. REISNER, J.A.D.

Reno Del Ben appeals from a final order of the New Jersey Council on Affordable Housing (COAH) approving the Borough of Montvale's petition for second round substantive certification of its fair share housing plan. We affirm.

I

We begin by reviewing the regulatory scheme at issue, followed by a review of the most pertinent facts.

The Fair Housing Act, N.J.S.A. 52...

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