Alexander's Department Stores of New Jersey, Inc. v. Borough of Paramus

The opinion of the Court was delivered by

GARIBALDI, J.

This appeal concerns the use of actions in lieu of prerogative writs and the scope of the jurisdiction of the Council on Affordable Housing (COAH) created under the New Jersey Fair Housing Act of 1985, N.J.S.A. 52:27D-301 to -329 (FHA). Specifically at issue is whether a plaintiff challenging a borough’s zoning ordinance that implements COAH’s substantive certification of its fair-share housing plan may bring an action in lieu of prerogative writs in Superior Court or may bring such an action only before COAH or the Appellate Division.

We…