In the Matter of the Adoption of the Monroe Township Housing

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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.

2 A-0688-15T1