IN RE DENIAL OF REGIONAL CONTRIBUTION AGREEMENT
BETWEEN GALLOWAY TWP. AND CITY OF BRIDGETON
A-1252-08T1/A-1290-08T1 (Consolidated)
In an earlier appeal, we reversed a resolution adopted by
the Council on Affordable Housing (COAH) approving a regional
contribution agreement (RCA). We held that resolution lacked
the requisite findings of fact and remanded to the agency. On
remand, COAH denied further review due to an intervening
statutory amendment prohibiting any RCA approval after the
effective date of amendment. We affirmed holding that the
absence of findings of fact could not be considered a procedural
flaw and our prior disposition rendered the prior approval
without force or effect. We also held that the Legislature had
clearly expressed its intention that COAH lacked authority to
consider any RCA not approved prior to the effective date of the
amendment. 02-07-11
