08/22/08

TITLE: CLINTON TWP's COAH FUND IS NOW OVER 100K  lawsuit moving forward
 

HUNTERDON COUNTY - Mayor and Council reported Wednesday evening that monies to fund the lawsuit against the state of NJ regarding the low income COAH third round housing requirement is now 103 thousand and growing. The county ahs also pledged 10K to the effort and so has Somerset county so there will be at least 20K more coming through the door and 6 other towns named in the suit are also expected to send in funds.  Mayor Corc expects the appellate court to hear oral argument mid October. 

Background from July 16

HUNTERDON COUNTY NEWS - Yesterday morning Cl Twp led a group of 19 municipalities in a lawsuit against the State of New Jersey, which, if successful, will lead to the revamping of the fair housing act.

Mayor Corcodilos of Cl Twp then appeared before the Freeholder Board to explain why and how this group was taking action. To the best of our ability this is what he said, leaving a bit of leeway of course for paraphrasing.

"This afternoon five Hunterdon County municipalities, Clinton twp, Bethlehem Twp, The Town of Clinton, Union Twp and Readington Twp, filed suit against the State of NJ at the appellate division level to contest the latest round of COAH low income housing requirements.

We are also joined by fourteen other towns including Bridgewater and other towns that meet our criteria. We realize that the League of Municipalities is also filing suit but we felt that since they have to represent all of the municipalities in NJ they would not be able to focus on what we think are the very specific issues that will overturn this legislation.

To become a part of our suit a municipality had to satisfy three criteria.

1) They had to be in full compliance with COAH

2) They had to have filed a third round plan

3) They had to have assigned an area to satisfy the third round obligation.  

We are suing on the following three grounds -

1) We believe that COAH had an erroneous methodology for creating their allocations based on growth rates from 1993 - 2002 - this impact would mean that Clinton Twp would have to build seven more developments like the mews in the next ten years.

2) We believe that the vacant land analysis of open space and thus where to put the 115 thousand units was done incorrectly and we think that using school playgrounds, cemeteries and medians of high ways as measurements of where open space still exists is wrong - sure you can build a house on the open space of the Edna Mahon prison but who in their right mind would, not to mention that they did not take the highlands region into consideration.

3) We believe that there is an understatement of urban growth based on historical growth not actual growth. 

We also believe that the state did not look at other issues such as water and sewer capacities.

We believe we will win. The Fair Housing Act prohibits municipalities from spending tax dollars to create loc income housing and this is clearly what this obligation does.

When we are successful heads will roll at COAH and at DCA with a lot of people having egg on their face. They will have to rewrite the Fair Housing Act as COAH is now out of compliance with the act. 

The 19 municipalities have all pledged 8 thousand dollars to get the suit started." 

RESOLUTION 144-08

APPROVING AN INTERLOCAL AGREEMENT WITH THE TOWNSHIP OF BEDMINSTER – COAH LITIGATION

                         WHEREAS, the Township of Clinton has passed a resolution of intent to appeal COAH regulations; and

                        WHEREAS, the Township of Bedminster  has signed an interlocal agreement to join Clinton Township in this litigation.

                        NOW, THEREFORE, BE IT RESOLVED  as follows:

                        1.         The Mayor and Township Clerk are authorized to execute the above                                         referenced agreement.

ATTEST:

___________________________________  ______________________________

Donna J. Burham, Township Clerk                    Nick Corcodilos, Mayor

Adopted:  July 23, 2008