March 8, 2012
IN RE ADOPTION OF FIVE INTERIM PROCEDURES BY THE DEPARTMENT OF COMMUNITY AFFAIRS
On appeal from Notice 2011-1 of the Commissioner of the Department of Community Affairs.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued February 15, 2012 -
Before Judges Carchman, Fisher and Nugent.
Appellant Fair Share challenges the adoption of five interim procedures by respondent Commissioner of the Department of Community Affairs that were intended to guide the Commissioner in her new responsibilities in performing the duties of the Council on Affordable Housing (COAH).
These new duties and responsibilities arose from Reorganization Plan No. 001-2011 (the plan), issued by the Governor on June 29, 2011, pursuant to the Executive Reorganization Act of 1969, N.J.S.A. 52:14C-1 to -11 (Reorganization Act). The plan abolished COAH and transferred its powers and duties to the Commissioner.
In In re Plan for Abolition of Council on Affordable Housing, _____ N.J. Super. _____ (App. Div. 2012), we determined that the plan violated the Reorganization Act and declared the plan invalid.
Although we had previously stayed the utilization of the interim procedures, our decision invalidating the plan obviates the necessity of considering the adoption or utilization of the interim procedures. Accordingly, we consider this appeal moot and dismiss the appeal.
Appeal dismissed as moot.
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