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FAIR SHARE HOUSING v. ZONING BD.

DOCKET NO. A-1535-12T2, A-1537-12T2, A-1538-12T2, A-1731-12T2, A-1732-12T2

119 A.3d 951 (2015)

441 N.J. Super. 483

FAIR SHARE HOUSING CENTER, INC., Plaintiff-Appellant, v. THE ZONING BOARD OF THE CITY OF HOBOKEN, Defendant-Respondent. and Advance at Hoboken, LLC, Defendant/Third-Party Plaintiff-Respondent, v. City of Hoboken and the Mayor and Council of the City of Hoboken, Third-Party Defendants-Appellants. Fair Share Housing Center, Inc., Plaintiff-Appellant, v. The Zoning Board of the City of Hoboken, Defendant-Respondent. and 1415 PARK AVENUE, LLC, Defendant/Third-Party Plaintiff-Respondent, v. City of Hoboken and the Mayor and Council of the City of Hoboken, Third-Party Defendants-Appellants. Fair Share Housing Center, Inc., Plaintiff-Appellant, v. The Zoning Board of the City of Hoboken, Defendant-Respondent, and 9th Monroe, LLC, Defendant/Third-Party Plaintiff-Respondent, v. City of Hoboken and the Mayor and Council of the City of Hoboken, Third-Party Defendants-Appellants. Fair Share Housing Center, Inc., Plaintiff-Appellant, v. The Zoning Board of the City of Hoboken and New Jersey Casket Company, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 28, 2015.

Attorney(s) appearing for the Case

Kevin D. Walsh , Cherry Hill , argued the cause, for appellant Fair Share Housing Center.

Ronald D. Cucchiaro , argued the cause, for appellants City of Hoboken and Mayor and Council of the City of Hoboken (Weiner Lesniak, LLP, attorneys; Mr. Cucchiaro and Richard Brigliadoro , Parsippany, on the brief).

Jennifer Phillips Smith , Newark, argued the cause, for respondent Advance at Hoboken, LLC (Gibbons P.C., attorneys; Ms. Smith, on the brief).

Kevin J. Coakley , Roseland, argued the cause, for respondents 1415 Park Avenue, LLC, 9th Monroe, LLC, and New Jersey Casket Company, Inc., (Connell Foley, LLP, attorneys; Mr. Coakley, of counsel; Meghan B. Burke and Genevieve L. Horvath , on the brief).

Dennis M. Galvin , Jackson, argued the cause, for respondent Zoning Board of the City of Hoboken (Galvin Law Firm, attorneys; Mr. Galvin, on the brief).

Before Judges FUENTES, ASHRAFI and KENNEDY.

The opinion of the court was delivered by

These are five consolidated appeals filed to determine the enforceability of an affordable housing ordinance adopted by the City of Hoboken. Plaintiff Fair Share Housing Center (Fair Share) filed three of the appeals against four developers: Advance at Hoboken, LLC (Advance) and...

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