In the Matter of the ADOPTION OF N.J.A.C. 5:94 AND 5:95 BY the NEW JERSEY COUNCIL ON AFFORDABLE HOUSING.
In re Substantive and Procedural Rules of the New Jersey Council on Affordable Housing for the period beginning December 20, 2004 (N.J.A.C. 5:94-1 et. seq. and N.J.A.C. 5:95-1 et. seq.).
In re Adoption of Third Round Regulations, N.J.A.C. 5:94, by the Council on Affordable Housing.
In re Adoption of Third Round Substantive Rules of the New Jersey Council on Affordable Housing.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued October 25, 2006.
Decided January 25, 2007.
Attorney(s) appearing for the Case
Susan J. Kraham argued the cause for appellant Coalition for Affordable Housing and the Environment in A-1960-04 (Rutgers Environmental Law Clinic, attorneys; Ms. Kraham and John M. Payne, on the brief).
Stephen Eisdorfer argued the cause for appellant New Jersey Builders Association in A-2665-04 (Hill Wallack, attorneys; Mr. Eisdorfer, Thomas F. Carroll and Henry T. Chou, Princeton, on the brief).
Kevin D. Walsh argued the cause for appellant Fair Share Housing Center in A-2674-04 (Peter J. O'Connor, attorney; Mr. O'Connor and Mr. Walsh, on the brief).
Carl S. Bisgaier argued the cause for appellant ISP Management Company, Inc. in A-2706-04 (Flaster/Greenberg, attorneys; Mr. Bisgaier and David R. Oberlander, Cherry Hill, on the brief).
Donald M. Palombi, Deputy Attorney General, argued the cause for respondent New Jersey Council on Affordable Housing (Stuart Rabner, Attorney General, attorney; Geraldine Callahan, George N. Cohen, Pamela Gellert, Mr. Palombi, Deputy Attorneys General, on the briefs).
Stuart R. Koenig, Cedar Grove, argued the cause for amici curiae New Jersey State League of Municipalities and New Jersey Institute of Local Government Attorneys (William John Kearns, Jr., General Counsel and of counsel; Edwin W. Schmierer, Princeton, Edward J. Buzak, Montville, Jeffrey R. Surenian, Michael Jedziniak, Toms River, and Mr. Koenig, on the brief).
Lori Grifa argued the cause for amicus curiae New Jersey Chapter of the National Association of Industrial and Office Properties (Wolff & Samson, attorneys; Ms. Grifa and Thomas J. Trautner, Jr., West Orange, on the brief).
Before Judges CUFF, WINKELSTEIN and BAXTER.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
CUFF, P.J.A.D.
In this appeal, we address a multifaceted challenge to the validity of the substantive rules of the Council on Affordable Housing (COAH) for the third round that calculate affordable housing needs from 1999 to 2014 and establish criteria for satisfaction of the need between 2004 and 2014.1N.J.A.C. 5:94-1.1 to -9.2. The challenges focus on several rules that govern...
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