Is the validity of a statute, regulation, executive order, franchise or constitutional provision of this State being questioned?
Superior Court - Appellate Division
New Jersey Judiciary
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TITLE IN FULL
CIVIL CASE INFORMATION STATEMENT
TRIAL COURT OR AGENCY DOCKET NUMBER
STREET ADDRESS CITY STATE
RESPONDENT’S ATTORNEY *
* 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 certied 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 certied, 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 qualied for certication pursuant to R. 4:42-2.)
GIVE A BRIEF STATEMENT OF THE FACTS AND PROCEDURAL HISTORY:
■ Attach additional sheets as necessary for any information below.
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.
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
See also Supplemental Sheet attached
Jeffrey R. Surenian, Esq.
707 Union Avenue, Suite 301
Fair Share Housing Center
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.
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.