IN RE DECLARATORY JUDGMENT

Not in source.

141 A.3d 359 (2016)

446 N.J. Super. 259

In re DECLARATORY JUDGMENT ACTIONS FILED BY VARIOUS MUNICIPALITIES, COUNTY OF OCEAN, Pursuant to the Supreme Court's Decision in In Re Adoption of N.J.A.C. 5:96, 221 N.J. 1 (2015).

Superior Court of New Jersey, Appellate Division.

Decided July 11, 2016.


Attorney(s) appearing for the Case

Jeffrey R. Surenian argued the cause for appellant Township of Barnegat (Jeffrey R. Surenian & Associates, L.L.C., attorneys; Mr. Surenian, Michael A. Jedziniak , Erik C. Nolan , and Michael J. Edwards , Brielle, on the briefs).

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

Stephen M. Eisdorfer argued the cause for respondent New Jersey Builders Association (Hill Wallack, L.L.P., attorneys; Mr. Eisdorfer, Thomas F. Carroll, III , and Emily P.W. Santoro , Princeton, on the brief).

Edward J. Buzak , Montville, argued the cause for respondent NJ State League of Municipalities (The Buzak Law Group, L.L.C., attorneys; Mr. Buzak, on the brief).

Richard J. Hoff, Jr. argued the cause for respondent Highview Homes, L.L.C. (Bisgaier Hoff, L.L.C., attorneys; Mr. Hoff and Danielle Novak Kinback , on the brief).

Edward J. Boccher argued the cause for respondent Township of Brick (DeCotiis, Fitzpatrick & Cole, L.L.P., attorneys; Mr. Boccher, of counsel and on the brief; Louis N. Rainone and Wendy Rubinstein , Teaneck, on the brief).

Gilmore & Monahan, P.C., attorneys for respondents Township of Jackson and Township of Little Egg Harbor, join in the brief of appellant Township of Barnegat.

DiFrancesco, Bateman, Kunzman, Davis, Lehrer & Flaum, P.C., Warren, attorneys for respondent Township of Toms River, join in the brief of appellant Township of Barnegat.

Gluck Walrath, L.L.P., Trenton, attorneys for respondent Township of Ocean, join in the brief of appellant Township of Barnegat.

Dasti, Murphy, McGuckin, Ulaky, Koutsouris, & Connors, Forked River, attorneys for respondent Township of Stafford, join in the brief of appellant Township of Barnegat.

Jonathan E. Drill , Cedar Grove, argued the cause for amicus curiae The Municipal Group (Stickel, Koenig, Sullivan & Drill, L.L.C., attorneys; Mr. Drill, of counsel and on the brief).

Donald J. Sears argued the cause for amicus curiae Township of South Brunswick.

Ronald L. Israel , West Orange, argued the cause for amicus curiae Colts Neck Township (Chiesa Shahinian & Giantomasi, P.C., attorneys; Mr. Israel, on the brief).

Archer & Greiner, P.C., attorneys for amicus curiae Township of Middletown ( Brian Michael Nelson , of counsel and on the brief; Kira S. Dabby , Red Bank, on the brief).

Michael B. Steib , Middletown, attorney for amicus curiae Township of Millstone.

Lowenstein Sandler, L.L.P., Roseland, attorneys for amicus curiae American Planning Association-New Jersey Chapter, New Jersey Future, and the Housing & Community Development Network of New Jersey ( Catherine Weiss and Katy Akopjan , on the brief).

Disability Rights New Jersey, amicus curiae, for itself, and The Supportive Housing Association of New Jersey, The Housing Community Development Network of New Jersey, Collaborative Support Programs of New Jersey, The Alliance for the Betterment of Citizens with Disabilities, The New Jersey Association of Community Providers, The Arc of New Jersey, New Jersey Association of Mental Health and Addiction Agencies, The Coalition of Mental Health Consumer Organizations, The System of Care Association, The New Jersey Psychiatric Rehabilitation Association, The Mental Health Association in New Jersey, Advancing Opportunities, Community Access Unlimited, The Community Health Law Project, and Autism New Jersey ( Iraisa Orihuela-Reilly , Susan Saidel , Camden, and Joseph B. Young , on the brief).

Before Judges LIHOTZ, FASCIALE and NUGENT.


The opinion of the court was delivered by

In the wake of the New Jersey Supreme Court's order requiring judicial oversight of municipal housing obligations to preclude exclusionary development schemes, see In re Adoption of N.J.A.C. 5:96 & 5:97 by the New Jersey Council on Affordable Housing, 221...

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