Search Site
Menu
July 10, 2013 Supreme Court COAH Decision

 

In re Plan for the Abolition of Council On Affordable Housing. The Court held that because COAH is an independent agency, the Governor did not have the authority under the Reorganization Act to abolish it and transfer its powers to the Department of Community Affairs. The Court was careful to state more than once that it takes no position on whether COAH should or should not exist. Rather, it was deciding the issue, not previously addressed, as to whether the Reorganization Act extends to independent agencies (agencies that are “in but not of” the Executive Branch), or whether it is limited solely to agencies that are within the Executive Branch.) The Court concluded the Act applies only to the latter. The Court stated: “As Judge Carchman [of the Appellate Division] aptly noted, ‘[t]he issue in this case is not whether COAH should or should not be an active participant in developing and implementing policies for affordable housing in New Jersey. Recent events have demonstrated that both the Legislature and the Governor are committed to charting another course for the future of affordable housing in this State. [In re COAH, supra, 424 N.J. Super. at 438.]’ We do not attempt to chart that course in this opinion. Instead, we examine the process the law requires. The plain language of the Reorganization Act does not authorize the Chief Executive to abolish an independent agency like COAH. If the Governor and the Legislature wish to abolish COAH, they must take another path.” The import of the decision for municipalities is that COAH continues to exist. To see a syllabus of the decision, click here.

Leave a Reply

Your email address will not be published. Required fields are marked *

  • NJ Golf Foundation Chairman’s Award

    Michael Rosenberg will be honored at the thirteenth annual New Jersey Golf Foundation Golf Classic on August 12 at the Baltusrol Golf Club in Springfield, New Jersey. Mason, Griffin & Pierson is pleased to be a sponsor of the event. The Foundation is the charitable arm of the New Jersey Section, PGA of America and was created to positively impact lives and communities through the game of golf. For more information go to www.njgolffoundation.org.

  • Girls on the Run Hosts a Somerset Patriots Baseball Family Fun Night

    Girls on the Run (GOTR) of Central New Jersey is hosting a “Family Fun Night” at Somerset Patriots Baseball Stadium in Bridgewater, New Jersey on Friday, September 20 starting at 7:05 PM. As a thank you and in recognition of its generous support over the years, Mason, Griffin & Pierson will be included in the GOTR suite at the event. GOTR is a 10 week program in the fall and spring for girls in grades 3 through 8 to help girls successfully navigate adolescence. The Girls on the Run curriculum combines training for a GOTR 5K running event with lessons that inspire girls to become independent thinkers, enhance their problem solving skills and make healthy decisions. GOTR of Central New Jersey serves Middlesex, Monmouth, Ocean, Camden and Somerset Counties. Associate Attorney, Nicole Sciotto is a member of the Advisory Board of Girls on the Run, Central New Jersey. For more information go to www.GOTRCNJ.org and to purchase tickets please visit www.somersetpatriots.com/tickets/groupportal; click “Group Portal Login” and enter group password “GOTR19”.

  • SAFE in Hunterdon

    The firm is pleased to support "An Evening of Hope" on Thursday, September 12 at the Riverside Ballroom at the Lambertville Station Inn in Lambertville, New Jersey. The fundraiser honors community leaders, Steve and Christine Little. The event will raise funds to help foster safety, empowerment and healing for survivors of domestic and sexual violence. For more information go to https://safeinhunterdon.org/.