Court Strikes Down COAH’s Imposition of Regulations as “Guidelines”

Posted by on Feb 25, 2011 in COAH and Affordable Housing Issues, Fort Monmouth Redevelopment, Highlands, Pinelands

By: Henry T. Chou, Esq.
In an opinion issued on February 24, 2011, the Appellate Division ruled that COAH’s Regional Affordable Housing Development Program Guidelines (“Guidelines”) are actually regulations that should have been adopted under the Administrative Procedure Act (“APA”).

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Highlands Towns Get Six Month Extension to File COAH Plans

Posted by on Aug 14, 2009 in COAH and Affordable Housing Issues, Highlands

By: Henry T. Chou, Esq.
On August 12, 2009, the New Jersey Council on Affordable Housing (COAH) granted a six-month extension for fitfy-one towns in the Highlands region to file their affordable housing plans with COAH. The resolution extends the previous deadline of December 8, 2009 to June 8, 2010, which gives Highlands towns additional time to formulate their affordable housing plans based upon “build-out” analyses prepared by the New Jersey Highlands Council.

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Highlands Council Releases Buildout Analysis for 17 Towns in Planning Area

Posted by on Jul 20, 2009 in COAH and Affordable Housing Issues, Highlands

By: Henry T. Chou, Esq.
On July 16, 2009, the Highlands Water Protection and Planning Council (Highlands Council) released its “buildout analysis” for 17 municipalities located in the Highlands “Planning Area.” While the Highlands Act had designated the Planning Area as a “growth” region, the actual buildout analysis paints a far different picture for the 17 municipalities in Warren and Hunterdon County, including Allamuchy, Pohatcong, Bloomsbury, Califon, Glen Gardner, Milford, Clinton and Tewksbury Township.

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Municipalities Submit Housing Plans to COAH by December 31, 2008 Deadline

Posted by on Jan 5, 2009 in COAH and Affordable Housing Issues, Highlands

By: Henry T. Chou, Esq.
By the end of the day on December 31, 2008, 234 out of 302 eligible municipalities had filed housing elements and fair share plans (“housing plans”) with the New Jersey Council on Affordable Housing (“COAH”). By doing so, those municipalities maintained their immunity from builder’s remedy lawsuits. With the exception of municipalities in the Highlands that were previously under COAH’s jurisdiction, municipalities that have not filed housing plans with COAH are now vulnerable to builder’s remedy lawsuits. In mid-December 2008, the New Jersey State League of Municipalities and several legislators requested COAH and Governor Corzine to grant an extension of the December 31 deadline, but the requests were denied.

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New Jersey Supreme Court Upholds Challenge to Highlands Act

Posted by on Dec 15, 2008 in Highlands

By Michael J. Lipari, Esq.
The New Jersey Supreme Court upheld an Appellate Division decision that dismissed a challenge to the Highlands Water Protection and Planning Act, N.J.S.A. 13-20-1 et seq. The result of this decision, which is the first challenge to the Highlands Act to be heard by the Supreme Court, further stymies any chance of judicial invalidation of the Act. The opinion itself does not provide any additional reasons, but merely relies upon the August 10, 2007 opinion issued by the Appellate Division.

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