NAIOP NJ - The WeekEnder Brief
Kevin J. Moore
March 14, 2014
a week of orders and stays by the New Jersey Supreme Court and the Superior
Court of New Jersey-Appellate Division, the New Jersey Supreme Court, in an
order issued this afternoon, has set forth a definitive schedule and process
which COAH must follow in proposing and adopting its Third Round Rules, in
accordance with the New Jersey Supreme Court's September 26, 2013 decision in
In Re N.J.A.C. 5:96 and 5:97, 215 N.J. 578 (2013). These Rules will be
adopted by November 17, 2014 and will utilize the methodology of the First and
Second Round Rules. They will, thus, not use a growth share
methodology. The key points of the Supreme Court's Order are as follows:
shall prepare and approve proposed Third Round Rules by May 1, 2014.
shall publish these Rules in the June 2, 2014 issue of the New Jersey
comment period on the Rules shall extend to August 1, 2014.
shall hold a public hearing on the Rules if a request is made for a
hearing within thirty days of the publication of the proposed Rules.
shall adopt the Rules by October 22, 2014.
shall publish its notice of its adoption of the Rules in the November 17,
2014 issue of the New Jersey Register.
COAH fails to follow the above schedule, the Supreme Court will entertain
motions in aid of litigants rights, including a request to lift the
protection of municipalities from "builder's remedy" lawsuits
afforded by the Fair Housing Act.
Supreme Court is retaining jurisdiction over all future applications to
enforce its decision in In Re N.J.A.C. 5:96 and 5:97.
Moore is a member of Sills Cummis & Gross P.C. and represented NAIOP before
both the New Jersey Supreme Court and the Appellate Division in In Re
N.J.A.C. 5:96 and 5:97.