IN THE MATTER OF THE ADOPTION OF THE MONROE TOWNSHIP
HOUSING ELEMENT AND FAIR SHARE PLAN AND IMPLEMENTING
ORDINANCES A-0688-15T1
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 with
the period prescribed by law. The court granted leave to appeal
and affirmed substantially for the reasons set forth in Judge
Douglas K. Wolfson's published written opinion.
