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Court stays Governor Christie's COAH Executive Order

by: Hopeful

Fri Feb 19, 2010 at 05:19:30 PM EST



The Fair Share Housing Center tells us they just won a major court battle on COAH:

The Appellate Division of the New Jersey Superior Court today issued an order enjoining Gov. Chris Christie's February 9 Executive Order that had placed an indefinite hold on the state's housing policies.

Democratic Assembly Speaker Pro Tempore Jerry Green called for this to be an opportunity for the governor to work with the legislature:

Creating a workable affordable housing plan - especially in New Jersey, the most densely populated state in the union - will take teamwork, compromise and the combined efforts of the Executive and Legislative branches of government.

Well, it's obvious that teamwork is not Christie's Plan A, but perhaps this Court ruling will make him go to the legislature. Meanwhile, the court battle will continue.

Hopeful :: Court stays Governor Christie's COAH Executive Order
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Statement from Jerry Green on the decision (0.00 / 0)
After reading a Friday appellate court decision to stay the enactment of the portion of Gov. Chris Christie's Executive Order No. 12 that would have suspended operations of the Council on Affordable Housing (COAH) for 90 days, Assembly Speaker Pro Tempore Jerry Green issued the following statement:

"Creating a workable affordable housing plan - especially in New Jersey, the most densely populated state in the union - will take teamwork, compromise and the combined efforts of the Executive and Legislative branches of government.

"As the Assembly Housing and Local Government Committee chair, I look forward to working with Governor Christie on a viable, bipartisan solution to New Jersey's COAH problem that will pass judicial muster and I hope to have a hearing on this matter on March 4."



Good news (0.00 / 0)

This was the first, possibly of several, legal challenges of Governor Christie's Executive Orders. It will be interesting to learn more about what the court said.

Our Governor-General in his Executive Order of Feb 9, establishes  the Housing Opportunities Task Force consisting of five members appointed by him and orders that it provide him with recommendations within 90 days. It also orders: "For the next 90 days, COAH shall refrain from taking any further action...[with certain exceptions.]"

What's more revealing. in the Executive Order are the many "Whereas ..." clauses which indicate what is on his mind.    

"The work goes on, the cause endures, the hope still lives, and the dream shall never die." - Sen. Ted Kennedy


So much for the "divine right of kings" concept (0.00 / 0)
in the Garden State.  Who know that establishing a monarchy was a plank on the Governor's election platform  Apparently not the NJ Superior Court.  

"Uneasy lies the head that wears the crown" (0.00 / 0)

In Richard II the self-pitying King says,
"For God's sake, let us sit upon the ground
And tell sad stories of the death of kings;
for within the hollow crown
That rounds the mortal temples of a king
Keeps Death his court and there the antic sits,
Scoffing his state and grinning at his pomp,
Allowing him a breath, a little scene,
To monarchize, be fear'd and kill with looks,
Infusing him with self and vain conceit,"

We are not quite there yet but King Christie is being challenged.


Tom Moran says,
"Last week, the governor threw down his orders like lightning bolts, telling Democratic legislators to butt out. He could solve the budget crisis by himself, with executive orders. He was the man. Oops. Yesterday, the man climbed down from his throne and admitted he needs help to enact his plans after all. And that changes everything."


The Fair Share center
had argued that  the governor does not have the authority to stop the work of the council, known as COAH, because it was created in 1985 by the Legislature. "The judge froze part of Gov. Chris Christie's executive order to suspend the activity of the state Council on Affordable Housing for 90 days. Appellate Judge Stephen Skillman said the council should resume its activities until the court has a chance to hear an appeal filed by the Fair Share Housing Center, a nonprofit advocate for affordable housing in New Jersey."

Kevin Walsh, an attorney with Fair Share said of the court's order, "It's significant because it recognizes that the governor's power has limits. It acknowledges the role in a participatory democracy of the Legislature and of an independent agency and of advocates like ourselves."

And more such law suits might be on the way. "Uneasy lies the head that wears the crown."



"The work goes on, the cause endures, the hope still lives, and the dream shall never die." - Sen. Ted Kennedy


Sleeping Giant has awoke in America (0.00 / 0)
from the Washington times editorial ;President Obama could learn a lot about fiscal responsibility from New Jersey Republican Gov. Chris Christie. The governor is making hard choices to close a $2.2 billion state budget deficit by freezing spending and erasing surpluses to meet current needs. ...http://www.washingtontimes.com/news/2010/feb/16/cutting-spending-in-new-jersey/

Herbert Hoover (4.00 / 1)
already taught us our grandparents everything there was to know about fiscal conservatism in a recession.  

Frank LoBiondo Record and Jon Runyan Watch

[ Parent ]
Really did he (0.00 / 0)
Your insightful comment caught my eye. I've read my Keynes and Johnny-M does prescribe increased spending, even it it incurs debt, during recessions but NJ unlike the the US of A cannot run a deficit and Keynes does not prescribe increasing taxes during a recession. So what do you suggest be done?

[ Parent ]
you are right (0.00 / 0)
New Jersey does have to balance the budget and as a result at least half of what Christie is doing is what Corzine proposed in December. The governor has to make tough choices but he can't run a deficit.

However, I do think the federal government can support the states, as they did in the stimulus but not enough (due to "moderates" removing state aid.) Many economists think this aid is most effective stimulus. So I will advocate for as much state aid from the feds as possible.

Frank LoBiondo Record and Jon Runyan Watch


[ Parent ]
Can you qualify that? (0.00 / 0)
You said "However, I do think the federal government can support the states,..."

Do you have any realistic expectation that the federal government is going to cut us a check for 2 Billion now and another 8 billion in July?

If you have reasons for believing this will happen I'd be excited to hear them.


[ Parent ]
I'm not sure I understand this conversation (0.00 / 0)
We started with a discussion of whether Chris Christie's policies would be good for the federal government.

No, I have no realistic expectation that the federal government will fix our entire the budget gap either this year or next or to write a check for $10 billion-- but I believe it would be good policy. It is a fact that there was more aid to states that was removed by the Nelson/Snowe axis, though not $10 billion.  

We did get $2 billion for FY2010 from the federal government (guide to FY2010 budget PDF.) I don't imagine we will get too much more than that and I imagine it is in already in the projections anyway.  

In the Quick Hits I posted a statement that the fed govt. changed rules to save NJ over $150 million dollars in Medicare drug costs just this week. So it's not outrageous to advocate that our politicians work for help from the federal government.


Frank LoBiondo Record and Jon Runyan Watch


[ Parent ]
hard choices (0.00 / 0)
like not extending the income tax on people earning over $400K and not extending a corporate tax surcharge that can bring in tens of millions as well.

you're pretty funny.

Scott Garrett - on the wrong side of, well, everything.


[ Parent ]
Pres. Obama and Christie (4.00 / 1)

Surely you jest.   Gov. Christie knows very little about fiscal responsibility.  What he is doing right now is using the fiscal crisis to lower taxes on the rich and raise them on the poor.  He claims to be saving New Jersey but is in fact lining the pockets of the rich.  It is immoral.

Pres. Obama, as all but the most conservative economists have agreed, has pursued wise economic policies to avoid another depression and has not placed the financial burden on the poor.


[ Parent ]
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