McHOSE AND CHIUSANO: COURT HAS THUMBED ITS NOSE AT STATE LEGISLATURE, MUNICIPALITIES AND TAXPAYERSLAWMAKERS RESPOND TO COURT'S AFFORDABLE HOUSING RULINGAssembly Republican members Alison Littell McHose and Gary Chiusano today decried Monday’s state appellate court ruling that instructs towns to ignore their zoning laws to allow additional affordable housing after they have met their state-mandated quota calling the decision “one of the most onerous court decisions in the history of the state.”“This ruling could have the effect of making the ‘protections’ to municipalities by complying with the Fair Housing Act and guidelines from the Council On Affordable Housing (COAH) irrelevant,” said McHose, R-Sussex, Morris and Hunterdon. “Clearly, these three tenured judges have overstepped their bounds. Once again New Jersey’s courts are blatantly legislating from the bench. Even worse, they have no legal precedence on which to base their decision. It’s something they arbitrarily decided which frankly, I find both arrogant and scary.“It’s a sad and frightening day when our courts thumb its nose at the state Legislature, local town officials and taxpayers,” she continued. “The consequences of their actions could be devastating and far reaching, resulting in more overcrowding, urban sprawl and higher property taxes. It’s a blow to open space preservation and the power of residents to control the destinies of their municipalities. Based on some of the language used by the judges, this could open a Pandora’s Box of lawsuits from developers and liberal activists challenging local zoning laws.”Even though the court remanded the case back to the municipality to reconsider, based on the language in the opinion, the judges believe that low income housing trumps any valid reason a municipality could have for denying a variance. The ramifications of the ruling will allow affordable housing developers to supersede local zoning laws, making them as well as the state’s Fair Housing Act moot.“Monday’s court decision is a smack in the face to municipalities and their local zoning laws,” stated Chiusano, R-Sussex, Morris and Hunterdon. “It’s added insult to injury. Make no mistake; COAH’s egregious housing mandates have placed an unfair and irresponsible burden on our local communities. But this ruling is like pouring salt into a festering wound.“These judges have basically told local officials that regardless of what they have done to comply with COAH, it will never be enough,” he continued. “This decision gives carte blanche to low income housing construction regardless of current compliance and the environmental and economic constraints in a locale. And if towns balk, they will be sued. Compliance with the COAH mandates was a town’s protection from litigation. Now this may no longer be the case.”Noting a lack of response from Governor Jon Corzine on the ruling, McHose and Chiusano said that unless the governor speaks out and condemns the decision, his silence should be interpreted as an endorsement of the court’s ruling.“Sometimes what you don’t say, speaks louder than what you do say,” said McHose. “It certainly wouldn’t come as any surprise if Governor Corzine chooses to ignore the matter. This entire COAH issue is a result of his and his administration’s failed leadership and anti-taxpayer policies.”                                              ####