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Your email address will not be published.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 *

  • Communities of Light December 2nd

    Womanspace's Annual Communities of Light Event on December 2nd is a public awareness project and fundraising campaign to benefit victims and survivors of domestic violence and sexual assault. Edwin Schmierer, Director with Mason, Griffin & Pierson is a member of the Board of Directors of Womanspace and the firm is a sponsor of the event. More information at womanspace.org

  • Dottie's House Holiday Party

    Mason, Griffin & Pierson is a sponsor for the December 5th Holiday Super 50/50 Raffle & Cocktail Party. This year's celebration takes place at River Rock Restaurant & Marina Bar in Brick, New Jersey. Dottie's House provides programs and services for survivors of domestic violence. For more information go to dottieshouse.org

  • MG&P Supports Local Youth Basketball

    Mason, Griffin & Pierson continues its support of youth basketball programs in the community. For more information on the Dillon Youth Basketball League go to the Princeton Recreation Department at leaguelineup.com. For information on the Montgomery Basketball Association go to montgomerybasketball.com

  • Toys for Tots

    The staff of Mason, Griffin & Pierson is pleased be part of the effort to collect new, unwrapped toys for children this holiday season. Toys of Tots is a program run by the United States Marine Corps Reserve which distributes toys to children in need. To add to MG&P's collection, you can drop off toys at our office by Friday December 6, or for more information go to toysfortots.org