IN RE ADOPTION OF N.J.A.C. 5:96

No. M-392 September Term 2014, No. 067126.

110 A.3d 31 (2015)

221 N.J. 1

In the Matter of the ADOPTION OF N.J.A.C. 5:96 and 5:97 by the NEW JERSEY COUNCIL ON AFFORDABLE HOUSING. 9 - 10

Supreme Court of New Jersey.

Decided March 10, 2015.


Attorney(s) appearing for the Case

Kevin D. Walsh , Cherry Hill, argued the cause for movant Fair Share Housing Center (Mr. Walsh, attorney; Mr. Walsh, Adam M. Gordon , Peter J. O'Connor , Cherry Hill, and Laura S. Smith-Denker , on the brief).

Geraldine Callahan , Deputy Attorney General, argued the cause for respondent New Jersey Council on Affordable Housing ( John J. Hoffman , Acting Attorney General of New Jersey, attorney).

Stephen M. Eisdorfer , Princeton, argued the cause for respondent New Jersey Builders Association (Hill Wallack, attorneys).

Jeffrey L. Kantowitz , Parsippany, argued the cause for respondents Kenneth Martin, Alice Martin, and MTAE, Inc. (Law Office of Abe Rappaport, attorney).

Jonathan E. Drill , Cedar Grove, argued the cause for respondents Bernards Township, Clinton Township, Union Township, and Greenwich Township (Stickel, Koenig, Sullivan & Drill, attorneys).

Jeffrey R. Surenian argued the cause for respondent Borough of Atlantic Highlands (Jeffrey R. Surenian and Associates, attorneys; Mr. Surenian and Michael A. Jedziniak , Toms River, on the brief).

Edward J. Buzak , Montville, argued the cause for respondent New Jersey State League of Municipalities (The Buzak Law Group, attorneys).


The Mount Laurel series of cases1 recognized that the power to zone carries a constitutional obligation to do so in a manner that creates a realistic opportunity for producing a fair share of the regional present and prospective need for housing low- and moderate...

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