Developers Can't Skirt Housing Panel In Builder's Remedy Suit

Law360, New York (July 19, 2012, 8:50 PM EDT) -- A New Jersey appeals court panel on Thursday refused to revive a builder's remedy lawsuit filed against Wayne Township, its governing entities and the state's Council on Affordable Housing, saying developers first must exhaust administrative remedies at COAH before going forward with litigation.

The developers, Wayne Property Holdings, LLC and Arc Equities, Inc., sought to force Wayne to change its zoning in order to satisfy the town's legal obligation to provide a certain amount of moderate- and low-income housing. They claimed the town's plan to address...
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