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IN RE HIGHLANDS MASTER PLAN

No. A-1026-08T1.

25 A.3d 1172 (2011)

421 N.J. Super. 614

In re HIGHLANDS MASTER PLAN, Executive Order 114, Memorandum of Understanding Between the Highlands Council and the Council on Affordable Housing, November 12, 2008 Resolution Extending Deadlines for 88 Municipalities, August 12, 2009 Resolution Extending Deadlines, and Adoption of Guidance for Highlands Municipalities that Conform to the Highlands Regional Master Plan.

Superior Court of New Jersey, Appellate Division.

Decided August 15, 2011.

Attorney(s) appearing for the Case

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

Barbara L. Conklin , Deputy Attorney General, argued the cause for respondents Highlands Water Protection and Planning Council, Council on Affordable Housing, and the Governor ( Paula T. Dow , Attorney General, attorney; Nancy Kaplen , Assistant Attorney General, of counsel; Ms. Conklin, on the brief).

Before Judges YANNOTTI, SKILLMAN and ROE.

The opinion of the court was delivered by SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

Under the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329.19, the Legislature delegated responsibility to the Council on Affordable Housing (COAH) to determine municipal obligations to provide affordable housing. Under the Highlands Water Protection and Planning Act (the Highlands Act), N.J.S.A. 13:20...

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