Is the validity of a statute, regulation, executive order, franchise or constitutional provision of this State being questioned?
(R. 2:5-1(h))
Superior Court - Appellate Division
New Jersey Judiciary
Please type or clearly print all information.
TITLE IN FULL
CIVIL CASE INFORMATION STATEMENT
PLAINTIFF
DEFENDANT
OTHER (SPECIFY)
TRIAL COURT OR AGENCY DOCKET NUMBER
APPELLANT’S ATTORNEY
NAME
CLIENT
STREET ADDRESS CITY STATE
ZIP
TELEPHONE NUMBER
RESPONDENT’S ATTORNEY *
NAME
CLIENT
STREET ADDRESS
CITY
STATE
ZIP
TELEPHONE NUMBER
* Indicate which parties, if any, did not participate below or were no longer parties to the action at the time of entry of the judgment or decision being appealed.
GIVE DATE AND SUMMARY OF JUDGMENT, ORDER, OR DECISION BEING APPEALED AND ATTACH A COPY:
Are there any claims against any party below, either in this or a consolidated action, which have not been disposed
of, including counterclaims, cross-claims, third-party claims and applications for counsel fees?
If so, has the order been properly certied as nal pursuant to R. 4:42-2? (If not, leave to appeal must be sought. R. 2:2-4,2:5-6)
(If the order has been certied, attach, together with a copy of the order, a copy of the complaint or any other
relevant pleadings and a brief explanation as to why the order qualied for certication pursuant to R. 4:42-2.)
YES
NO
YES
NO
YES
NO
GIVE A BRIEF STATEMENT OF THE FACTS AND PROCEDURAL HISTORY:
Attach additional sheets as necessary for any information below.
EMAIL ADDRESS:
EMAIL ADDRESS:
Revised: 01/03/2011, CN: 10500 (Appellate Civil CIS) page 1 of 2
Were any claims dismissed without prejudice?
If so, explain and indicate any agreement between the parties concerning future disposition of those claims.
YES
NO
Print Form
Clear Form
(1)
(2)
In re Declaratory Judgment Actions Filed by Various Municipalities, County
of Ocean, Pursuant to the Supreme Court’s Decision in In Re Adoption of
N.J.A.C. 5:96, 221 N.J. 1 (2015)
Law Div Docket No. OCN-L-2640-15
App. Div Docket No. AM-000407-15T1
(3)
jrs@surenian.com
Jeffrey R. Surenian, Esq.
Barnegat Township
707 Union Avenue, Suite 301
Brielle
NJ
08730
732-612-3100
(4)
kevinwalsh@fairsharehousing.org
Kevin Walsh, Esq.
Fair Share Housing Center
510 Park Boulevard
Cherry Hill
NJ
08002
856-665-5444
(5)
On February 18, 2016, the Hon. Mark A. Troncone, J.S.C., rendered a decision indicating that a "Gap Period" affordable housing
obligation exists, and that all municipalities are required to satisfy the Gap Period obligation as part of their Third Round fair
share housing plans.
(6)
(7)
(8)
One of the critical issues to be determined in all pending Mount Laurel matters is whether and to what extent municipalities have
an obligation to produce affordable housing for the period 1999 – 2015 (referred to as the “Gap Period”). On February 18, 2016,
the Hon. Mark A. Troncone, J.S.C., (Ocean County) issued a written opinion finding that there is a Gap Period obligation that
municipalities must satisfy as part of their Third Round obligation. This decision, however, is contrary to the Fair Housing Act
and COAH regulations. It also differs in many respects from an October 5, 2015, decision of the Hon. Douglas K. Wolfson,
J.S.C., (Middlesex County), creating confusion and inequitable standards for compliance.
3. Will the trial judge be ling a statement or an opinion pursuant to R. 2:5-1(b)?
YES
NO
Civil appeals are screened for submission to the Civil Appeals Settlement Program (CASP) to determine their potential for settlement or, in the
alternative, a simplication of the issues and any other matters that may aid in the disposition or handling of the appeal. Please consider these
when responding to the following question. A negative response will not necessarily rule out the scheduling of a preargument conference.
State whether you think this case may benet from a CASP conference.
YES
NO
Explain your answer:
1. IS THERE ANY APPEAL NOW PENDING OR ABOUT TO BE BROUGHT BEFORE THIS COURT WHICH:
(A) Arises from substantially the same case or controversy as this appeal?
(B) Involves an issue that is substantially the same, similar or related to an issue in this appeal?
2. WAS THERE ANY PRIOR APPEAL INVOLVING THIS CASE OR CONTROVERSY?
YES
NO
YES
NO
YES
NO
IF THE ANSWER TO EITHER 1 OR 2 ABOVE IS YES, STATE:
Case Name:
Appellate Division Docket Number:
Name of Appellant or Respondent Name of Counsel of Record
(or your name if not represented by counsel)
Date
Signature of Counsel of Record
(or your signature if not represented by counsel)
IF YOU ARE APPEALING FROM A JUDGMENT ENTERED BY A TRIAL JUDGE SITTING WITHOUT A JURY OR FROM AN ORDER OF THE
TRIAL COURT, COMPLETE THE FOLLOWING:
1. Did the trial judge issue oral ndings or an opinion? If so, on what date? ___________________
2. Did the trial judge issue written ndings or an opinion? If so, on what date? ___________________
YES
NO
YES
NO
Caution: Before you indicate that there was neither ndings nor an opinion, you should inquire of the trial judge to determine whether ndings or
an opinion was placed on the record out of counsel’s presence or whether the judge will be ling a statement or opinion pursuant to R. 2:5-1(b).
DATE OF YOUR INQUIRY: ____________________
I certify that condential personal identiers have been redacted from documents now submitted to the court, and will be redacted from all
documents submitted in the future in accordance with Rule 1:38-7(b).
Revised: 01/03/2011, CN: 10500 (Appellate Civil CIS) page 2 of 2
TO THE EXTENT POSSIBLE, LIST THE PROPOSED ISSUES TO BE RAISED ON THE APPEAL AS THEY WILL BE DESCRIBED IN
APPROPRIATE POINT HEADINGS PURSUANT TO R. 2:6-2(a)(5). (Appellant or cross-appellant only.):
(9)
1. The Township of South Brunswick should be granted leave to appear as amicus curiae, nunc pro tunc.
2. No Gap Period obligation exists.
3. If there is any Gap Period obligation, it has been accounted for in the calculation of the Present Need.
(10)
February 18, 2016
(11)
(12)
(13)
(14)
(15)
The Court must determine if there is a Gap Period or not and, if so, to what extent must a municipality satisfy any Gap Period
obligation for affordable housing.
(16)
(17)
Township of South Brunswick
(18)
Donald J. Sears
(19)
March 23, 2016
(20)
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