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NJ Appellate Division Issued Decision Eviscerating Regulations

January 25, 2007

On January 25, 2007, more than three years after COAH adopted its “Third Round” regulations governing affordable housing, the NJ Appellate Division issued a decision eviscerating the regulations and literally sending COAH back to the drawing board to rewrite its rules. Lori Grifa, argued the position of the firm's client, the NJ Chapter of the National Association of Industrial and Office Park Developers and succeeded in having the Court strike down the "payment in lieu" feature of the regulations as arbitrary, capricious and unreasonable. Thomas J. Trautner, Jr. assisted on the brief. A copy of the decision can be found at: In re Adoption Of N.J.A.C. 5:94 and 5:95 by the New Jersey Council On Affordable Housing, 390 N.J.Super. 1, 914 A.2d 348 (N.J.Super.A.D.2007) .