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PLAN FOR ABOLITION OF COUNCIL

Docket No. A-6301-10T4

38 A.3d 620 (2012)

424 N.J. Super. 410

In re PLAN FOR the ABOLITION OF the COUNCIL ON AFFORDABLE HOUSING AND PROVIDING FOR the TRANSFER OF the FUNCTIONS, POWERS, AND DUTIES OF the COUNCIL ON AFFORDABLE HOUSING TO the DEPARTMENT OF COMMUNITY AFFAIRS, REORGANIZATION PLAN 1-2011.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 2012.

Attorney(s) appearing for the Case

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

Geraldine Callahan , Deputy Attorney General, argued the cause for respondents Governor Chris Christie and New Jersey Council on Affordable Housing ( Jeffrey S. Chiesa , Attorney General, attorney; Robert Lougy , Assistant Attorney General, of counsel; Ms. Callahan and George N. Cohen , Deputy Attorney General, on the briefs).

Fox Rothschild, LLP, attorneys for amici curiae, Housing and Community Development Network of New Jersey, Corporation for Supportive Housing, and Mercer Alliance to End Homelessness ( Henry L. Kent-Smith , Lawrenceville, of counsel and on the brief).

Before Judges CARCHMAN, FISHER and NUGENT.

The opinion of the court was delivered by

CARCHMAN, P.J.A.D.

The issue raised in this appeal is whether, pursuant to the Executive Reorganization Act of 1969, N.J.S.A. 52:14C-1 to -11 (Reorganization Act), a Governor may abolish an independent agency created by the Legislature that is "in but not of" a department of the Executive Branch. As applied here, the narrower issue is whether respondent Governor Chris...

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