Bond In Investing Savings For more than a decade, rural Springfield Township, which has no public water or sewer lines but does have thousands of acres of preserved farmland, had fended off developers. While builders were ready to pounce under the state's fair housing laws, they couldn't because those same laws say that if a township has a plan before the Council on Affordable Housing or is in the process of getting one, they can't be sued to allow development.
Bonds, dressed in a baggy, light blue suit, stood erect in front of the judge with his hands on the podium. Speaking softly in response to a series of questions by U.S. District Judge Susan Illston, baseball's home run king said he wanted the two lawyers to represent him, even though lead attorney Ruby had earlier represented Bonds' personal surgeon Dr. Arthur Ting and Arguedas represented former track star Tim Montgomery.
Bond Investment Toledo Toledo But, in January, frustrated by COAH's glacial pace in reviewing Springfield Township's long-pending housing plan, a Burlington County judge stripped the town of its protections.
"The concern is that their prior representation may impact their representation of you, " Illston said. Illston did not immediately rule on whether to disqualify Ruby and Arguedas and asked Bonds to file a written declaration by Jan. 4, though she appeared inclined to let Bonds keep the lawyers. Bonds answered "yes" when the judge asked him if his lawyers explained their potential conflicts before he hired him earlier this month. Bonds' longtime criminal defense attorney Michael Rains also told the judge he explained to Bonds the conflict issues.
James Bond Trading Card He ruled that a builder could go forward with plans for 215 houses on a working farm.
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Bond In Investing Stock The decision, which sent shock waves through the ranks of local officials, has implications for hundreds of towns that use COAH's legal shield.
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Municipal Bonds Investment The Legislature created those protections in 1985, sensing that a series of state Supreme Court decisions had given builders the upper hand when they claimed towns weren't permitting housing construction for poor and middle-income families.
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Bond Terms Trading The action by the developer in Springfield was the first in a growing number of claims that accuse COAH with dereliction of duty. Builders say the agency has virtually ground to a halt as the state wrestles with how to refashion its controversial mission.
Bond Debt High In Inside "They should change the acronym to AWOL," said Patrick J. O'Keefe, chief executive officer of the New Jersey Builders Association.
Bond Greenville Greenville State Community Affairs Commissioner Susan Bass Levin, whose department includes COAH, said officials are working hard to revamp a complex system, and, she said, builders are slowing things further with a flurry of lawsuits.
Trading Stock And Bonds As for the Springfield case, she said, COAH is appealing.
Bond Investing Municipal "I think the town is doing its best to satisfy its ... obligation," she said. "These issues should be resolved in front of the Council on Affordable Housing."
Basis Bond Finance Hill Officials with the state League of Municipalities, long at war with builders over sprawl, said that regardless of whether COAH erred, the judge shouldn't punish victims -- namely the taxpayers in Springfield. Stuart Koenig, the league's land-use counsel, said the implications were frightening.
Bond Explained Terms Trading "It sounds like the decision makes the Fair Housing Act a nullity," he said. "It doesn't provide any protection if that case stands."
Bond Business Investing Stock Most affordable units built in response to the New Jersey Supreme Court's Mount Laurel decisions -- named for the first town sued -- depend on something called a builder's remedy. Private developers are allowed to build larger, denser developments in exchange for making some of the units affordable to poor or middle-income families.
Bond Houston Houston Courts often award a builder's remedy when towns being sued have failed to voluntarily present housing plans to COAH. Even towns with plans before COAH often complain they end up with more affordable housing units than they want.
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Bond Corporate Investing Whether COAH has purposely slowed its pace is an open question, but the agency has clearly fallen behind in its intended role as referee.
Investment Bond Uk COAH is charged with devising "fair share" numbers for each of the state's 566 towns, a reflection of each municipality's obligation to permit construction of a certain number of affordable units. In the past, towns that presented a plan based on those numbers won six years of protection from builder lawsuits.
Bond Trading Strategy A second set of numbers issued by COAH in 1993 was to have expired in 1999, but the agency failed to generate a third round. COAH has since extended legal protections to dozens of towns based on their compliance with the 1993 numbers, prompting a lawsuit by the builders association.
Bond Fixed In Income Investing Other lawyers representing builders -- like the one in Springfield -- have gone back to court against towns based on COAH's dawdling. In all cases, builders argue that COAH's failure to act has denied poor and middle-income residents their constitutional right to housing.
Bond Dayton Dayton Investment Because the COAH numbers have always been largely based on the growth of population and nonresidential ratables -- and because a legislative change is forcing COAH to move to a 10-year cycle of legal protection -- most people expected the new numbers to be dramatically higher, particularly in towns that grew fastest in the 1990s.
Bond Management Market Risk "I'm sure the reason we haven't seen third round numbers is because, under the traditional COAH formula, the numbers are too high from a political perspective," said Carl Bisgaier , a veteran housing advocate in Cherry Hill who represents builders.
Bond In Investing Municipal Guessing when the new numbers will be released and how COAH might adjust the formula to soften the blow has become a favorite pastime in housing circles. Bass Levin said the new methodology will be ready sometime this summer.
Bond Investment Las Las North "It's a very complicated process," she said. "It means examining Census data, land-use issues, environmental issues, housing issues and coming to a place where we can adopt a fair, rational methodology. We want to make sure we do this right."
Future Bond Trading System The coalition would like to see fair share numbers adjusted downward in rural towns that don't want to grow. Otherwise, it believes COAH can help towns devise more innovative ways of building affordable housing without large-scale residential developments.
Bond In Investing Junk In Springfield, as in many COAH disputes, town officials and builders have been wrangling for some time, and changes in local administrations have complicated matters.
Bond Investment Orlando A GROWTH AREA
Bond Free Trading In 1992, as part of its initial offering to COAH, the town designated a 54-acre plot as a growth area. Neighboring Wrightstown, reeling from the massive downsizing of Fort Dix, had proposed an unusual plan to spur development by buying 44 acres of Springfield land -- between its border and Springfield's proposed growth area -- and extending sewer and water lines to both sites.
Bond Free Guide Investing By 1998, however, a new slate of municipal officials in Springfield had soured on the development zone and submitted a new plan to COAH. Springfield proposed to pay another town to build half its 68 required affordable units -- a COAH-approved deal called a Regional Contribution Agreement -- and allow construction of some rental units, including a group home for the disabled.
Bond Gainesville Gainesville COAH has been considering that plan for years -- towns still get the protection while their requests are pending -- and in January, Superior Court Judge John Sweeney said a builder with an option to buy the former growth zone had waited long enough.
Bond David David Guide Guide "Their plan is all smoke and mirrors about how they are going to meet their obligation," said Henry Kent-Smith, a Princeton lawyer who represents developer Springco. "Nothing ever got built."
Bond Investment Pensacola Mayor Bill Pettit, a retired dairy farmer, said the town is serious about meeting its obligation but also wants to maintain its rural character. He said officials have labored to win COAH's approval and feel exasperated by the recent court decision.
Bond Introduction Trading "We don't have sewer or water anywhere in this town," he said. "If anyone brings that in, we'll get the pants sued off us. They'll just want to build more houses."
Bond In Investing Involved By Steve Chambers
Star-Ledger - 6/1/2003
Topic: Sprawl
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