Legal Opinion

In re Plan for the Abolition of the Council on Affordable Housing

Supreme Court of New Jersey

Decided July 10, 2013PublishedCited by 50 opinions

1Opinion of the CourtChief Justice Rabner

This case is about whether a Chief Executive has the authority to abolish independent agencies that were created by legislative action. The issue arises in the context of whether the Legislature delegated the power to abolish the Council on Affordable Housing (COAH or Council) to the Governor. That question turns on COAH’s status, which the Legislature outlined at N.J.S.A. 52:27D-305, and the scope of the Executive Reorganization Act of 1969 (Reorganization Act or Act), N.J.S.A. 52:14C-1 to -11.

The Legislature created COAH to ensure that municipalities fulfill their constitutional obligation…

2Cases cited28 opinions

  1. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  2. DiProspero v. PennSupreme Court of New Jersey · 2005
  3. Southern Burlington County N.A.A.C.P. v. Township of Mount LaurelSupreme Court of New Jersey · 1983
  4. O'CONNELL v. StateSupreme Court of New Jersey · 2002
  5. Southern Burlington County N.A.A.C.P. v. Township of Mount LaurelSupreme Court of New Jersey · 1975

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3Cited by50 opinions

  1. Andreyko ex rel. Estate of Andreyko v. Sunrise Senior Living, Inc.District Court, D. New Jersey · 2014
  2. Anna Mae Cashin v. Marisela Bello(073215)Supreme Court of New Jersey · 2015
  3. State v. Marc A. Olivero (073364)Supreme Court of New Jersey · 2015
  4. Morristown Associates v. Grant Oil Company (073248)Supreme Court of New Jersey · 2015
  5. Judith A. Dinapoli v. Board of Education of the Township Of verona, Essex CountyNew Jersey Superior Court Appellate Division · 2014

45 more not listed; retrieve them via the Exa API.

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