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IN RE BOARD'S MAIN EXTENSION

Docket Nos. A-1626-10T2, A-1640-10T2, A-2206-10T2, A-2227-10T2

46 A.3d 560 (2012)

426 N.J. Super. 538

In the Matter of the BOARD'S MAIN EXTENSION RULES N.J.A.C. 14:3-8.1 et seq.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 2012.

Attorney(s) appearing for the Case

Kevin J. Coakley argued the cause for appellant Toll Bros., Inc. in A-1626-10 (Connell Foley, L.L.P., attorneys; Mr. Coakley , of counsel and on the briefs; Joseph A. Villani, Jr. , Roseland, on the briefs).

Richard P. Coe, Jr. , Westmont, argued the cause for appellant Dunhams Farm Developers, L.L.C. in A-1640-10 (Kennedy, Wronko, Kennedy and Weir & Partners LLP, attorneys; E. Richard Kennedy, Montville, of counsel and on the briefs; Karyn Kennedy Branco, on the briefs).

Barry Spindler , appellant pro se in A-2206-10.

Todd D. Greene argued the cause for appellant New Jersey Builders Association in A-2227-10 (Sterns & Weinroth, P.C., attorneys; Frank J. Petrino , of counsel and on the brief; Mr. Greene and Vincent J. Paluzzi , Trenton, on the briefs).

Geoffrey R. Gersten , Deputy Attorney General, argued the cause for respondent New Jersey Board of Public Utilities in all four appeals ( Jeffrey S. Chiesa , Attorney General, attorney; Andrea M. Silkowitz , Assistant Attorney General, of counsel; Mr. Gersten, on the briefs).

Morgan, Lewis & Bockius, L.L.P., attorneys for amicus curiae New Jersey Utilities Association in all four appeals (Marc B. Lasky and Gregory Eisenstark, on the briefs).

Before Judges CARCHMAN, FISHER and BAXTER.

The opinion of the court was delivered by

BAXTER, J.A.D.

In this appeal, we address the question of whether, and to what extent, our 2009 opinion in In re Centex Homes, LLC, 411 N.J.Super. 244, 985 A.2d 649 (App.Div. 2009) should have retroactive effect. In Centex, we invalidated as ultra vires the 2005 Board of Public Utilities...

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