High Court to Hear Superfund Case This Month

April 2007
Planning;Apr2007, Vol. 73 Issue 4, p36
Trade Publication
The article discusses the ruling of the Appellate Division of the New Jersey Superior Court that the growth share method violated both the Mount Laurel doctrine and the Fair Housing Act. The Council on Affordable Housing (COAH) is lacking sufficient reliable data about the availability of developable land within the growth areas to produce the needed housing. In addition, the court pointed out that the growth share approach encourages municipalities to adopt plans and zoning ordinances that retard growth in order to minimize their fair share allocation. The appellants also challenged the compliance mechanisms authorized by the third-round rules.


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