Legal Opinion
Elon Associates, L.L.C. v. Township of Howell
New Jersey Superior Court Appellate Division
Decided July 1, 2004PublishedCited by 5 opinions
1Opinion of the Court
The opinion of the court was delivered by
SKILLMAN, P.J.A.D.
The Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329, provides that if a municipality invokes the administrative procedures of the Council on Affordable Housing (COAH) before Mount Laurel1 litigation is instituted, those procedures must be exhausted before a party may pursue such litigation. The FHA also provides that if COAH grants substantive certification approving a municipality’s plan for complying with its affordable housing obligations, a party may then pursue Mount Laurel litigation, but there is a strong presumption of…
2Cases cited9 opinions
- 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
- Hills Dev. Co. v. Bernards Tp. in Somerset Cty.Supreme Court of New Jersey · 1986
- TOLL BROS, INC. v. Tp. of West WindsorSupreme Court of New Jersey · 2002
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re Adoption of N.J.A.C. 5:94New Jersey Superior Court Appellate Division · 2007
- In Re Petition of Howell Tp., Monmouth CountyNew Jersey Superior Court Appellate Division · 2004
- Rumana v. County of PassaicNew Jersey Superior Court Appellate Division · 2007
- In Re Fair Lawn Bor., Bergen CountyNew Jersey Superior Court Appellate Division · 2009
- Wayne Property Holdings, L.L.C. v. Township of WayneNew Jersey Superior Court Appellate Division · 2012