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IN RE FAIR LAWN BOR., BERGEN COUNTY

No. A-1611-07T3

968 A.2d 180 (2009)

406 N.J. Super. 433

In the Matter of FAIR LAWN BOROUGH, BERGEN COUNTY, MOTION OF LANDMARK AT RADBURN Seeking Amendment or Dismissal of Fair Lawn's Third Round Fair Share Plan Petition.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 2009.

Attorney(s) appearing for the Case

Richard A. Lustgarten, West Orange, argued the cause for appellant Fair Lawn Borough (Goodman & Lustgarten, attorneys; Mr. Lustgarten, on the brief).

Ronald L. Shimanowitz, argued the cause for respondents Landmark at Radburn, L.L.C. and Bergen Development Group, L.L.C. (Hutt & Shimanowitz, P.C., Woodbridge; Mr. Shimanowitz, of counsel and on the brief; Jonathan G. Burnham, on the brief).

George N. Cohen, Deputy Attorney General, argued the cause for respondent New Jersey Council on Affordable Housing (Anne Milgram, Attorney General, Attorney; Melissa H. Raksa, Deputy Attorney General, of counsel; Mr. Cohen, on the brief).

Before Judges REISNER, SAPP-PETERSON and ALVAREZ.

The opinion of the court was delivered by

REISNER, J.A.D.

Fair Lawn Borough (Fair Lawn or the Borough), challenges a final decision of the New Jersey Council on Affordable Housing (COAH) dismissing Fair Lawn's third round petition for substantive certification of its affordable housing plan. In affirming COAH's decision, we confirm the agency's authority to dismiss a municipality's third round petition, based on the municipality's persistent failure to comply...

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