In the Matter of the Adoption of the Monroe Township Housing ( 2015 )

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0688-15T1
APPROVED FOR PUBLICATION
IN THE MATTER OF THE ADOPTION
November 25, 2015
OF THE MONROE TOWNSHIP HOUSING
ELEMENT AND FAIR SHARE PLAN APPELLATE DIVISION
AND IMPLEMENTING ORDINANCES
_____________________________________________________
Submitted November 17, 2015 – Decided November 25, 2015
Before Judges Fisher, Espinosa and
Rothstadt.
On appeal from the Superior Court of New
Jersey, Law Division, Middlesex County,
Docket No. L-3365-15, reported at ___ N.J.
Super. ___ (Law Div. 2015).
John J. Hoffman, Acting Attorney General,
attorney for appellant Department of
Community Affairs (Robert T. Lougy,
Assistant Attorney General, of counsel;
Geraldine Callahan, Deputy Attorney General,
on the brief).
Jerome J. Convery and Shain, Schaffer &
Rafanello, P.C., attorneys for respondent
Township of Monroe (Mr. Convery and
Marguerite M. Schaffer, of counsel; Ms.
Schaffer and Jose Rivera-Benitez, on the
brief).
Fair Share Housing Center, attorneys for
respondent Fair Share Housing Center (Kevin
D. Walsh, on the brief).
PER CURIAM
In the wake of In re N.J.A.C. 5:96 & 5:97, 221 N.J. 1
(2015), and In re Failure of the Council on Affordable Housing
To Adopt Trust Fund Commitment Regulations, 440 N.J. Super. 220
(App. Div. 2015), the trial court denied the motion of the
Department of Community Affairs to intervene in this action,
which was commenced by the Township of Monroe for a judgment
declaring its housing plan presumptively valid. The DCA sought
to file a counterclaim seeking an accounting and turnover of
Monroe's affordable housing trust funds based on an allegation
that Monroe failed "to spend or commit to spend" the funds in
the time prescribed by N.J.S.A. 52:27D-329.2(d) and -329.3(b).
We granted leave to appeal and now affirm substantially for
the reasons set forth in Judge Douglas K. Wolfson's well-
reasoned and comprehensive written opinion reported at __ N.J.
Super. __ (Law Div. 2015).
Affirmed.
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