Supreme Court Declines To Hear Galloway RCA Appeal, But Another May Be Pending

The Press of Atlantic City is reporting that the New Jersey Supreme Court has declined to hear Galloway Township's appeal of its rejected RCA with Bridgeton.

This matter arises from a July 7, 2008 decision, In Re Approval of Amended Second Round Plan, Regional Contribution Agreement and Mediation Report of Galloway Township, where the Appellate Division rescinded a previously approved RCA for Galloway Township that was challenged by the Fair Share Housing Center. Specifically, the Court held that COAH "failed to articulate any specific findings of fact to support its conclusions and approvals" and remanded the matter back to COAH to provide a findings of fact in support of its conclusion that the RCA "is feasible and provides a realistic opportunity" for the development of affordable housing via rehabilitation activities in Bridgeton.

Galloway, however, may have one more appeal pending to compel COAH to re-approve the RCA with the requisite criteria sought by the Appellate Division just ten (10) days prior to Governor Corzine's signing of P.L. 2008, c.46 amending the Fair Housing Act to eliminate the use RCAs. As previously reported on this blog, on September 22, 2008, despite an order for remand from the Appellate Division that exsited prior to the elimination of RCAs, COAH denied Galloway's motion for reconsideration based on the advice of the Attorney General's office that such action would now be in violation of P.L. 2008, c.46.

This raises many interesting questions regarding the retrospective application of P.L. 2008, c.46 to previously approved or court-ordered RCAs pending COAH's approval. This issue was discussed in haste (near end of testimony) on June 12, 2008, prior to the passage of A500 before the Assembly State Government Affairs Committee. Committee members seemed to indicate that the bill would not impact, at least, court ordered RCAs.

Rather than amend the bill, however--so that it could still be passed prior to the budget recess--the committee added a somewhat contradictory paragraph to the bill statement providing that "is also the understanding of the committee that, because of the removal of the retroactive limitations on the approvals of regional contribution agreements, the Council on Affordable Housing is now free to review and approve those pending regional contribution agreements before it before the effective date of the bill."