Public Notice of Final Compliance Hearing Regarding Mt. Laurel Litigation
PLEASE TAKE NOTICE that a "Final Compliance Hearing" will be held on February 22, 2019 at 10:00 a.m. before the Honorable Maryann L. Nergaard, J.S.C., Superior Court of New Jersey, Law Division, at the Morris County Courthouse located at Washington & Court Streets, Room 17, Morristown, New Jersey 07963 to consider whether the Township of Washington (“Washington”) should be granted a 10 year Judgment of Final Compliance and Repose for the time period of July 1, 2015 to July 1, 2025 in the Mount Laurel action entitled In the Matter of the Application of the Township of Washington, Docket No. MRS-L-1639-15.
On February 23, 2018, the Court held a Fairness and Preliminary Compliance Hearing to evaluate whether a Settlement Agreement between the Township and Fair Share Housing Center (“FSHC”) was fair and reasonable to the region's very-low, low and moderate income households and whether the Township's updated Housing Element and Fair Share Plan ("HEFSP") satisfied the Township's obligation to provide a realistic opportunity to satisfy its rehabilitation, Prior Round and Third Round "fair share" of the regional need for housing affordable to very-low income, low income and moderate income households. As the result of that Fairness and Preliminary Compliance Hearing, the Court entered a March 26, 2018 Order on Fairness and Preliminary Compliance Hearing that: (a) approved the Settlement Agreement entered into between the Township and FSHC; (b) directed and ordered the parties to implement the Settlement Agreement; (c) preliminarily approved the Township’s HEFSP and granted the Township a Preliminary Third Round Judgment of Compliance and Repose, subject to the satisfaction of the conditions set forth in the February 16, 2018 Report from the Special Master as modified during the February 23, 2018 Fairness and Preliminary Compliance Hearing (a list of those conditions, with the agreed upon modifications, was attached as Exhibit A to the March 26, 2018 Order); and (d) scheduled a Final Compliance Hearing for June 29, 2018, which has been rescheduled to February 22, 2019, for the Court to consider the entry of a Judgment of Final Compliance and Repose upon the Township’s satisfaction of the first section of compliance conditions listed on Exhibit A to the March 26, 2018 Order.
To facilitate compliance with the conditions listed on Exhibit A to the March 26, 2018 Order, the Township has presented to the Special Master and placed on file with the Township Clerk a copy of the adopted HEFSP and various other documents. Copies of the adopted HEFSP and the related documents are available for public inspection and copying during regular business hours at the Office of the Township Clerk, Township of Washington, 43 Schooley's Mountain Road, Long Valley, New Jersey 07853.
Any interested party, including, without limitation, any very low, low or moderate income person residing in the housing region, any organization representing the interests of very-low, low and moderate income persons, any owner of property in the Township, or any organization representing the interests of owners of property in the Township may file comments on, or objections to, the entry of the Judgment of Final Compliance and Repose. Such comments or objections, together with copies of any supporting affidavits or other documents, must be filed in writing, on or before February 8, 2019. In addition, any person wishing to be heard, whether or not a written objection has been filed, shall advise of that intention in writing on or before February 8, 2019. Failure to provide such written notice will preclude presentation of any evidence, oral presentation or augment. Written responses by any of the parties to the comments or objections shall be filed on or before February 15, 2019. Such comments, objections and responses, together with copies of any supporting affidavits or other documents, must be filed in writing with the Honorable Maryann L. Nergaard, J.S.C. at the Morris County Courthouse located at Washington & Court Streets, Room 17, Morristown, New Jersey 07963 with copies of all papers being forwarded by mail or e-mail to:
Phil Caton, PP, AICP (Court Appointed Master)
Clarke Caton Hintz
100 Barrack Street
Trenton, New Jersey 08608
Phone: (609) 883-8383
Nina DiGregorio, Township Clerk
Township of Washington
43 Schooley's Mountain Road
Long Valley, New Jersey 07853
Phone: (908) 876-3315
Edward J. Buzak, Esq.
The Buzak Law Group, LLC
150 River Road, Suite N-4
Montville, New Jersey 07045
Phone: (973) 335-0600
Kevin Walsh, Esq.
Fair Share Housing Center
510 Park Boulevard
Cherry Hill, NJ 08002
Phone: (856) 665-5444
kevinwalsh@fairsharehousing.org
This Notice is intended to inform all interested parties of the possible consequences of the entry of a Judgment of Final Compliance and Repose. It does not indicate any view by the Court as to the merits of the above referenced Mount Laurel action or whether the Court will enter a Judgment of Final Compliance and Repose.
Dated: January 15, 2019 /s/ Nina DiGregorio
Nina DiGregorio, Township Clerk