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LAND USE and MUNICIPAL CLIENT ALERT: September 2008 COAH UPDATE This morning, the Appellate Division of the Superior Court of New Jersey entered Orders regarding the ongoing Council on Affordable Housing (“COAH”) litigation. A motion had been filed by the Townships of Toms River, Jackson and Brick, seeking: intervention in the litigation; a stay of COAH requirements; and the appointment of a special master. The Court denied the applications filed by the Townships. The question of whether the Court will appoint a special master has still yet to be decided, and is part of the continuing COAH litigation. Perhaps more importantly, Fair Share Housing made a motion to the Court seeking authorization to pursue builder’s remedy lawsuits. The Court denied the motion, so that builder’s remedy lawsuits cannot be pursued against municipalities at this time. The Court still has before it many COAH issues to consider, including the validity of adopted and proposed COAH regulations, as well as the issue of whether a special master should be appointed. COAH regulations still require submission of municipalities’ revised Housing Element and Fair Share Plans by December 31, 2008, in order to remain under COAH jurisdiction. The Court has thus far refused to grant any stays regarding the requirement for submissions to COAH by the end of the year. This Laddey, Clark & Ryan, LLP Client Alert provides information of general interest to our readers. It is not intended, and should not be used, as a substitute for consultation with legal counsel. If you have any questions regarding specific issues raised in this Client Alert, you may contact Laddey, Clark & Ryan’s Land Use Practice Group at (973)729-1880.
The Land Use Practice Group
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