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IN RE GALLOWAY TP. & BRIDGETON

Nos. A-1252-08T1, A-1290-08T1.

12 A.3d 232 (2011)

418 N.J. Super. 94

In re Denial of Regional Contribution Agreement Between GALLOWAY TOWNSHIP AND CITY OF BRIDGETON.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 2011.

Attorney(s) appearing for the Case

Michael J. Blee , Atlantic City, argued the cause for appellant Galloway Township (A-1252-08) and respondent Galloway Township (A-1290-08) (Mr. Blee, attorney, joins in the brief of appellant K. Hovnanian of Smithville, Inc. (Hovnanian)).

Thomas F. Carroll, III , Princeton, argued the cause for appellant Hovnanian (A-1290-08) and respondent Hovnanian (A-1252-08) (Hill Wallack, L.L.P., attorneys; Mr. Carroll, on the briefs).

Adam M. Gordon argued the cause for respondent Fair Share Housing Center (Mr. Gordon, attorney, joins in the brief of appellant Hovnanian).

George N. Cohen , Deputy Attorney General, argued the cause for respondent Council on Affordable Housing ( Paula T. Dow , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Mr. Cohen, on the brief).

Before Judges CUFF, C.L. MINIMAN and WAUGH.

The opinion of the court was delivered by

CUFF, P.J.A.D.

This appeal concerns a regional contribution agreement (RCA) between the Township of Galloway (Galloway) and the City of Bridgeton (Bridgeton). Galloway and K. Hovnanian at Smithville, Inc. (Hovnanian) appeal from a final decision of the Council on Affordable Housing (COAH) denying approval of the RCA. COAH determined that it lacked authority to approve the RCA due to an intervening statutory amendment...

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