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VAN DALEN v. WASHINGTON TP.

232 N.J. Super. 205 (1989)

556 A.2d 1247

JOHN G. VAN DALEN, ON HIS OWN BEHALF AND AS CO-TRUSTEE WITH JOHN P. CHESTER OF CHESTER AND VAN DALEN ASSOCIATES, INC. EMPLOYEES' RETIREMENT TRUST, CHESTER AND VAN DALEN ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFF-APPELLANT, v. WASHINGTON TOWNSHIP, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY LOCATED IN MORRIS COUNTY, NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 12, 1989.

Attorney(s) appearing for the Case

Carl S. Bisgaier argued the cause for appellant (Bisgaier & Pancotta, attorneys; Carl S. Bisgaier and Frederick W. Hardt, on the brief).

Debra K. Donnelly argued the cause for respondent Washington Township (Villoresi, Jansen and Shaw, attorneys; Debra K. Donnelly, on the brief).

Donald M. Palombi, Deputy Attorney General, argued the cause for respondent Council on Affordable Housing (Donald R. Belsole, Acting Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Donald M. Palombi, on the brief).

Before Judges ANTELL, DREIER and BROCHIN.

The opinion of the court was delivered by ANTELL, P.J.A.D.

Plaintiff is the owner of 127 acres of land in Washington Township. He appeals from a resolution of the Council on Affordable Housing (COAH) dated February 16, 1988, which grants substantive certification of defendant's housing element and fair share plan pursuant to the Fair Housing Act, N.J.S.A. 52:27D-314. The resolution, passed pursuant to an opinion dated January 4, 1988, approved for inclusionary...

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