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March 8, 2012

Re:      Appellate Division Decision on COAH Reorganization

Dear Mayor:

The Appellate Division today reversed Governor Christie’s Reorganization Plan 001-2011, which abolished COAH and transferred its responsibilities to the Department of Community Affairs.

The Governor proposed the plan in late June  and the Legislature had 60 days to invalidate the plan.  When the Legislate chose not to, the plan went in effect in late August 2011.

The Court declared that the Governor exceeded his authority by abolishing a legislatively created, independent agency that was “in but not of” the Executive Branch.  According to the Court, only the legislature has the authority to do that.

The Governor’s office released a statement indicating that they are disappointed with the court decision and will appeal the decision to the Supreme Court.

As always, we will keep you apprised of any updates on this issue.  If you have any questions or require further information, please do not hesitate to contact League Senior Legislative Analyst Mike Cerra at 609-695-3481 ext 120 or at mcerra@njslom.com.

Very truly yours,

William G. Dressel, Jr.

Executive Director

 

 

 

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