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WAYNE PROPERTY HOLDINGS v. WAYNE

Docket Nos. A-3478-10T4, A-3607-10T4.

47 A.3d 54 (2012)

427 N.J. Super. 133

WAYNE PROPERTY HOLDINGS, L.L.C., Plaintiff-Appellant, v. TOWNSHIP OF WAYNE, Township of Wayne Planning Board and The New Jersey Council on Affordable Housing, a public entity of the State of New Jersey, Defendants-Respondents. ARC Equities, Inc., Plaintiff-Appellant, v. Township of Wayne, Mayor and Township Council of the Township of Wayne, Planning Board of the Township of Wayne and the New Jersey Council on Affordable Housing, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 19, 2012.

Attorney(s) appearing for the Case

David R. Oberlander argued the cause for appellant Wayne Property Holdings, L.L.C. (Bisgaier Hoff, L.L.C., attorneys; Mr. Oberlander , on the brief).

Robert Axel Kasuba , Princeton, argued the cause for appellant ARC Equities, Inc., (Bisgaier Hoff, L.L.C., attorneys; Mr. Kasuba , on the brief).

John Fiorello , Wayne, argued the cause for respondents Township of Wayne, and Mayor and Township Council of the Township of Wayne (Fiorello, Puccio & Fiorello, L.L.C., attorneys; Mr. Fiorello , on the brief).

Matthew J. Cavaliere argued the cause for respondent Township of Wayne Planning Board (Cavaliere & Cavaliere, P.A., attorneys; Mr. Cavaliere , on the brief).

George N. Cohen , Deputy Attorney General, argued the cause for respondent New Jersey Council on Affordable Housing ( Jeffrey S. Chiesa , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Mr. Cohen , on the brief).

Before Judges YANNOTTI, ESPINOSA and KENNEDY.

The opinion of the court was delivered by

YANNOTTI, J.A.D.

Plaintiffs Wayne Properties Holdings, Inc. (WPH) and ARC Equities, Inc. (ARC) appeal from an order entered by the trial court on October 14, 2010, which dismissed their exclusionary zoning lawsuits against the Township of Wayne (Township) without prejudice and required WPH and ARC to exhaust their administrative remedies before the Council on Affordable Housing (COAH or the Council).

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