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IN RE COUNCIL ON AFFORD. HOUSING

A-127 September Term 2011, A-14 September Term 2012, 070426

70 A.3d 559 (2013)

214 N.J. 444

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.

Supreme Court of New Jersey.

Decided July 10, 2013.

Attorney(s) appearing for the Case

Robert T. Lougy, Assistant Attorney General, argued the cause for appellants Governor Chris Christie and Department of Community Affairs ( Jeffrey S. Chiesa, Attorney General of New Jersey; Mr. Lougy and Geraldine Callahan, Deputy Attorney General, on the briefs).

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

Jeffrey R. Surenian argued the cause for amicus curiae New Jersey League of Municipalities (Mr. Surenian, attorney; Mr. Surenian and Donna A. McBarron, on the brief).

Henry L. Kent-Smith submitted a brief on behalf of amici curiae Housing and Community Development Network of New Jersey, Corporation for Supportive Housing, and Mercer Alliance to End Homelessness ( Fox Rothschild, attorneys; Mr. Kent-Smith and Abbey True Harris, Lawrenceville, on the brief).

Edward L. Lloyd submitted a brief on behalf of amici curiae David Epstein,   James Gilbert,   David Moore,   Benjamin Spinelli,   John Weingart, and Betty Wilson (Morningside Heights Legal Services and Environmental Law Clinic, Columbia University School of Law, attorneys; Mr. Lloyd and Susan J. Kraham, on the brief).

Chief Justice RABNER delivered the opinion of the Court.

This case is about whether a Chief Executive has the authority to abolish independent agencies that were created by legislative action. The issue arises in the context of whether the Legislature delegated the power to abolish the Council on Affordable Housing (COAH or Council) to the Governor. That question turns on COAH's status, which the Legislature outlined at N.J.S.A. 52:27D-305, and the scope of...

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