Legal Opinion
Calton Homes, Inc. v. Council on Affordable Housing
New Jersey Superior Court Appellate Division
Decided November 19, 1990PublishedCited by 12 opinions
1Opinion of the Court
The opinion of the court was delivered by
SHEBELL, J.A.D.
In this appeal Calton Homes, Inc. (Calton)1 challenges the substantive rules adopted by the New Jersey Council on Affordable Housing (Council), N.J.A.C. 5:92-1.1 et seq., “on two grounds: (a) three of the rules are facially invalid because they conflict with the letter of the [Fair Housing] Act or the legislative intent, and (b) the Substantive Rules as a whole produce an excessive dilution of the municipal obligation that violates the constitutional requirements of Mount Laurel II.”
The three targeted rules are: (1) N.J.A. C. 5:92-7.1(b)…
2Cases cited13 opinions
- Mayflower Securities Co. v. Bureau of SecuritiesSupreme Court of New Jersey · 1973
- Southern Burlington County N.A.A.C.P. v. Township of Mount LaurelSupreme Court of New Jersey · 1983
- Southern Burlington County N.A.A.C.P. v. Township of Mount LaurelSupreme Court of New Jersey · 1975
- Mathews v. CintronSupreme Court of the United States · 1975
- Bergen Pines County Hospital v. New Jersey Department of Human ServicesSupreme Court of New Jersey · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re Six Month Extension of NJACNew Jersey Superior Court Appellate Division · 2004
- In re Adoption of N.J.A.C. 5:94New Jersey Superior Court Appellate Division · 2007
- In re the Adoption of N.J.A.C. 5:96 & 5:97New Jersey Superior Court Appellate Division · 2010
- In Re Petition for Substantive Certification, Tp. of SouthamptonNew Jersey Superior Court Appellate Division · 2001
- Fair Share Housing Center, Inc. v. Township of Cherry HillSupreme Court of New Jersey · 2002
7 more not listed; retrieve them via the Exa API.