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February 25, 2011

Court Strikes Down COAH's Imposition of Regulations as "Guidelines"

By: Henry T. Chou, Esq.

In an opinion issued on February 24, 2011, the Appellate Division ruled that COAH's Regional Affordable Housing Development Program Guidelines ("Guidelines") are actually regulations that should have been adopted under the Administrative Procedure Act ("APA").

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December 07, 2009

Court Confirms Pinelands Commission's Ordinance Review Procedure as Indispensible

By: Henry T. Chou, Esq.

The Appellate Division has determined that the provision of the Pinelands Protection Act requiring Pinelands Commission approval of municipal ordinances is a substantive review procedure that renders an unapproved ordinance invalid as a matter of law.

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