The implementation of the so called “growth share” regulations established by the NJ Council On Affordable Housing have been challenged and rejected in 2 NJ Appellate Division decisions which are pending on appeal at the NJ Supreme Court. This matter has now been scheduled for oral argument at the NJ Supreme Court. NJ Towns have been uncertain on how to comply with the NJ affordable housing Mount Laurel requirements for approximately 13 years now. Hopefully, our Supreme Court will provide this much needed direction when it decides this matter. The oral argument is scheduled to take place on November 7, 2012 at 10:00 AM. The case is captioned as IMO the Adoption of N.J.A.C. 5:96 and N.J.A.C. 5:97.
Stuart D. Liebman, Esq., Managing Partner of WJ&L
Are there “two” Appellate Division decisions that rejected growth share? I am aware of In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Hous., 416 N.J.Super. 462, 6 A.3d 445 (App. Div.2010). Which is the second decision?
The second (earlier) decision is In re Adoption of N.J.A.C. 5:94 and 5:95, 390 N.J.Super. 1, 914 A.2d 348 (App.Div.2007).