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IN RE REGIONAL AFFORDABLE HOUSING DEV.

No. A-0970-09T3

13 A.3d 900 (2011)

418 N.J. Super. 387

In re ADOPTION OF REGIONAL AFFORDABLE HOUSING DEVELOPMENT PROGRAM GUIDELINES by the Council on Affordable Housing.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 2011.

Attorney(s) appearing for the Case

Kevin D. Walsh argued the cause for appellant Fair Share Housing Center (Fair Share Housing Center, attorneys; Mr. Walsh , on the briefs).

George N. Cohen , Deputy Attorney General, argued the cause for respondent New Jersey 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 YANNOTTI, ESPINOSA and SKILLMAN.

The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

The dispositive issue presented by this appeal is whether a document entitled "Regional Affordable Housing Development Program Guidelines" (Guidelines), adopted by the Council on Affordable Housing (COAH) on September 9, 2009, contains rules and regulations COAH was required to adopt in accordance with the provisions of the Administrative Procedure Act...

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