Legal Opinion

In re Adoption of N.J.A.C. 5:94

New Jersey Superior Court Appellate Division

Decided January 25, 2007PublishedCited by 22 opinions

1Opinion of the Court

The opinion of the court was delivered by

CUFF, P.J.A.D.

In this appeal, we address a multifaceted challenge to the validity of the substantive rules of the Council on Affordable Housing (COAH) for the third round that calculate affordable housing needs from 1999 to 2014 and establish criteria for satisfaction of the need between 2004 and 2014.1 N.J.A.C. 5:94-1.1 to - 9.2. The challenges focus on several rules that govern the calculation of housing need, the allocation of that need, and compliance mechanisms. The third round rules depart from the practice utilized in rounds one and two of…

2Cases cited43 opinions

  1. Southern Burlington County N.A.A.C.P. v. Township of Mount LaurelSupreme Court of New Jersey · 1983
  2. Southern Burlington County N.A.A.C.P. v. Township of Mount LaurelSupreme Court of New Jersey · 1975
  3. Mathews v. CintronSupreme Court of the United States · 1975
  4. TAXPAYERS ASSN. OF WEYMOUTH TP. INC. v. Weymouth Tp.Supreme Court of New Jersey · 1976
  5. Hills Dev. Co. v. Bernards Tp. in Somerset Cty.Supreme Court of New Jersey · 1986

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3Cited by22 opinions

  1. In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable HousingSupreme Court of New Jersey · 2015
  2. In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable HousingSupreme Court of New Jersey · 2013
  3. In Re Declaratory Judgment Actions Filed by VariousNew Jersey Superior Court Appellate Division · 2016
  4. In re the Adoption of N.J.A.C. 5:96 & 5:97New Jersey Superior Court Appellate Division · 2010
  5. In Re the Declaratory Judgment Actions Filed by Various Municipalities, County of Ocean, Pursuant to the Supreme Court's Decision in in Re AdoptionSupreme Court of New Jersey · 2017

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