LEGAL NOTICE – BOROUGH OF POINT PLEASANT

Notice of Declaratory Action and Motion before the Superior Court of New Jersey to Reaffirm Temporary Immunity from Mount Laurel Lawsuits

NOTICE is hereby given that, on July 2, 2015, the Borough of Point Pleasant filed a Declaratory Complaint in Ocean County Superior Court, Law Division, in response to the Supreme Court’s recent decision in In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) (hereinafter “In re COAH”).  Through its Declaratory Complaint, the Borough is asking the Court to:

  1. Enter an Order providing the Borough five (5) months to file a Housing Element and Fair Share Plan with the Court, commencing on the date the Court determines the criteria and guidelines with which the Borough  must comply;
  2. Enter an Order granting the Borough and its Planning Board temporary immunity from  Mount Laurel lawsuits commencing from June 8, 2015 and remaining in effect for five (5) months from the date the Court determines the criteria and guidelines with which the Borough  must comply; or, if the Court declines to commence the start date as the date the Court makes this determination, for five (5) months from the date the Court deems appropriate;
  3. Enter an Order extending immunity provided that the Borough adopts, endorses, and files a Round 3 Housing Element and Fair Share Plan (hereinafter “Fair Share Plan”) prior to the expiration of the initial five-month period;
  4. To review and approve the Borough’s Fair Share Plan, as may be supplemented and amended during the aforementioned five-month period and thereafter;
  5. To enter subsequent orders periodically extending immunity until such time as the Court enters a Judgment of Compliance and Repose formally approving the Borough ’s Fair Share Plan;
  6. To approve the Borough’s Spending Plan in its current form and as may be revised;
  7. To determine that the Borough has committed to expend trust fund monies within four years of receipt in accordance with J.S.A. 52:27D-329.2 and 329.3; and
  8. To grant such other relief as the Court deems just and equitable.

A “Mount Laurel lawsuit” is brought pursuant to Supreme Court opinions commonly referred to as “Mount Laurel I” and “Mount Laurel II” claiming that a municipality has used its zoning powers to exclude low and moderate income households in violation of the requirements of these landmark decisions, the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et. seq.) and other applicable laws.   A “temporary immunity” order protects a municipality and its planning board from Mount Laurel lawsuits. A Judgment of Compliance and Repose is an order formally approving a municipality’s Housing Element and Fair Share Plan which provides the municipality ten years of protection from Mount Laurel suits.  Any response to the Borough’s Declaratory Action must be filed in accordance with the Rules of Court.   Any interested party seeking to participate in this action should consider consulting legal counsel and should be guided by these Rules.

NOTICE is further given that, on July 2, 2015, the Borough also filed a Motion to Reaffirm Immunity which will be considered by the Honorable Mark A. Troncone, J.S.C. on Friday, September 11, 2015 at 9:00 a.m.  Through this Motion, the Borough seeks an Order (1) granting the Borough and its Planning Board Temporary Immunity From Mount Laurel Lawsuits ; and (2) providing the Borough five (5) months to file a Fair Share Plan with the Court, commencing from the date the Court determines the criteria and guidelines with which the Borough  must comply; or, if the Court declines to commence the start date as the date the Court makes this determination, for five months from the date the Court deems appropriate.

Any public comments opposing the Borough’s Motion to Reaffirm Temporary Immunity must be submitted in writing no later than 5:00 p.m. on Friday, September 4, 2015.  Such written comments shall set forth any reason(s) why the Court should not enter an Order affirming that the Borough and its Planning Board are entitled to retain immunity from Mount Laurel lawsuits.   Be advised that the Court could decline to consider any written public comments not filed by the deadline, and will use its discretion on the probative weight to be given any filing.  Public comments shall be served upon:

Honorable Mark A. Troncone, J.S.C.
Ocean County Superior Court
100 Hooper Ave, Courtroom #8, 2nd Fl.
Toms River, NJ  08754

Frank Pannucci, Jr., Administrator
Point Pleasant Borough
2233 Bridge Avenue, PO Box 25
Point Pleasant, NJ  08742

Jeffrey R. Surenian, Esq.
Jeffrey R. Surenian and Associates, LLC
707 Union Avenue, Suite 301
Brielle, NJ 08730

Jerry J. Dasti, Esq.
Dasti, Murphy, McGuckin, Ulaky, Cherkos & Connors
620 West Lacey Road
PO Box 1057
Forked River, NJ  08731

Ben Montenegro, Esq.
Montenegro, Thompson, Montenegro & Genz
531 Burnt Tavern Road, PO Box 1049
Brick, NJ 08724

Philip B. Caton, P.P., F.A.I.C.P.
Clarke, Caton, Hintz
100 Barrack Street
Trenton, NJ   08608-2008

A copy of the Borough’s Declaratory Action and Motion to Reaffirm Temporary Immunity with supporting documentation are available for public inspection at the office of the Borough Clerk, Borough of Point Pleasant, 2233 Bridge Avenue, Point Pleasant, New Jersey 08742 during regular business hours.