MATTER OF COUNCIL ON HOUSING

DOCKET NO. A-0050-22.

309 A.3d 128 (2024)

477 N.J. Super. 576

In the MATTER OF the Appointment of the COUNCIL ON AFFORDABLE HOUSING BY Governor Philip MURPHY.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 2024.


Attorney(s) appearing for the Case

Jeffrey R. Surenian , Brielle, argued the cause for appellants Borough of Beach Haven (Ocean County), Township of Bordentown (Burlington County), Township of Chatham (Morris County), Township of Cranford (Union County), Township of East Hanover (Morris County), Township of Egg Harbor (Atlantic County), Township of Fairfield (Essex County), Township of Freehold (Monmouth County), Township of Jackson (Ocean County), Township of Mahwah (Bergen County), Borough of Montvale (Bergen County), Township of Readington (Hunterdon County), Borough of Sayreville (Middlesex County), Township of West Caldwell (Essex County), Borough of Franklin Lakes (Bergen County), Township of Hillsborough (Somerset County), and Township of Warren (Somerset County) (Surenian, Edwards, Buzak & Nolan, LLC, attorneys; Jeffrey R. Surenian and Michael J. Edwards , of counsel and on the briefs; William Edward Olson , on the briefs).

Michael L. Zuckerman , Deputy Solicitor General, argued the cause for respondent Philip Murphy, in his official capacity as Governor of New Jersey ( Matthew J. Platkin , Attorney General, attorney; Jeremy M. Feigenbaum , Solicitor General, Michael L. Zuckerman , and Melissa Dutton Schaffer , Assistant Attorney General, of counsel; Susan Marie Scott , Tim Sheehan , and Levi Malcolm Klinger-Christiansen , Deputy Attorneys General, on the brief).

Adam M. Gordon argued the cause for amicus curiae Fair Share Housing Center (Adam M. Gordon, of counsel and on the brief; Zoey Chenitz, on the brief).

Frank Glenn Marshall, Jr., Associate General Counsel, argued the cause for amicus curiae New Jersey State League of Municipalities and New Jersey Institute of Local Government Attorneys (William J. Kearns, Jr., General Counsel, attorney; Frank Glenn Marshall, Jr., on the brief).

Thomas F. Collins, Jr., Morristown, argued the cause for amicus curiae Township of South Brunswick and Township of South Brunswick Planning Board (Vogel, Chait, Collins & Schneider, attorneys; Thomas F. Collins, Jr., and Thomas James Molica, on the brief).

Jonathan Edward Drill, Cedar Grove, argued the cause for amicus curiae Borough of Chatham (Morris County), Township of Clinton (Hunterdon County), Township of Greenwich (Warren County), Borough of Lebanon (Hunterdon County), Borough of Saddle River (Bergen County), and Town of Westfield (Union County) (Stickel, Koenig, Sullivan & Drill, LLC, attorneys; Jonathan Edward Drill, on the brief).

Before Judges Sumners, Rose and Smith.


The opinion of the court was delivered by

This appeal requires us to consider whether the Governor can be compelled by mandamus to act on an appointment power when the statute at issue neither expressly requires, nor provides a deadline for, the exercise of that discretionary function. Seventeen municipalities challenge the...

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