IN RE ADOPTION OF N.J.A.C. 19:3


922 A.2d 852 (2007)

393 N.J. Super. 173

In the Matter of the ADOPTION OF N.J.A.C. 19:3, 19:4, 19:5 and 19:6 by the New Jersey Meadowlands Commission. New Jersey Builders Association, Plaintiff-Appellant, v. New Jersey Meadowlands Commission, New Jersey Sports and Exposition Authority, Borough of East Rutherford, and The Planning Board of the Borough of East Rutherford, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 2007.


Attorney(s) appearing for the Case

Kevin D. Walsh argued the cause for appellant Fair Share Housing Center in A-4174-03T3 (Peter J. O'Connor and Mr. Walsh, on the brief).

Carl S. Bisgaier, Cherry Hill, argued the cause for appellant New Jersey Builders Association in A-3107-04T1 (Flaster/Greenberg, attorneys; Richard J. Hoff, Mr. Bisgaier and Robert M. Washburn, on the brief).

Barbara L. Conklin, Deputy Attorney General, argued the cause for respondent New Jersey Meadowlands Commission in A-4174-03T3 and A-3107-04T1 (Stuart Rabner, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Ms. Conklin, on the brief).

Timothy J. O'Neill, Princeton, argued the cause for respondent New Jersey Sports and Exposition Authority in A-3107-04T1 (Windels Marx Lane & Mittendorf, attorneys; Mr. O'Neill, of counsel; Charles M. Fisher, Sandy L. Galacio, Jr., Ellen M. Christoffersen, and Mr. O'Neill, on the brief).

Beverly M. Wurth, Hackensack, argued the cause for respondents Borough of East Rutherford and Planning Board of East Rutherford in A-3107-04T1 (Calo Agostino, attorneys; Ms. Wurth, on the brief).

Ronald D. Cucchiaro, Parsippany, argued the cause for amicus curiae Town of Secaucus in A-3107-04T1 (Weiner Lesniak, attorneys; George T. Hanley, of counsel; Mr. Hanley and Mr. Cucchiaro, on the brief).

Before Judges COBURN, R.B. COLEMAN and GILROY.


The opinion of the court was delivered by

COBURN, P.J.A.D.

These appeals, which we have consolidated for purposes of this opinion, concern the State's constitutional obligation to provide affordable housing pursuant to South Burlington County NAACP v. Township of Mount Laurel, 67 N.J. 151, 336 A.2d 713 ("Mount Laurel I"), cert. denied and appeal dismissed, 423 U.S. 808,...

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