On Tuesday, a state appeals court denied a motion filed by the New Jersey State League of Municipalities (”League”) to stay (or delay) the requirement under the latest round of regulations from the Council on Affordable Housing (”COAH”) that municipalities must submit a detailed plan to provide affordable housing by December 31, 2008.

According to an on-line report from the Star Ledger, Department of Community Affairs Commissioner Joseph Doria was pleased with the ruling:

“By denying a stay of the December 31st deadline, the court has not only validated COAH but also paved the way, yet again, for us to move forward in our efforts to provide New Jersey residents with the affordable housing opportunities they need,” he said.

The League also reacted predictably:

“We are disappointed, but not surprised by the court’s action,” said League Director William Dressel. “Unfortunately the end result will be towns seeking Council on Affordable Housing certification will have to prepare plans based on a faulty methodology, a discredited vacant land analysis and the knowledge that further amendments, which will require adjustments to plans, are to be proposed in the upcoming months.”

The court did not decide upon the merits of the League’s overall appeal of the validity of the regulations. However, it is highly unlikely that a decision on the merits will be reached prior to the deadline for filing a plan for substantive certification. Should a municipality choose not to file a plan, they will be potentially exposed to “builder’s remedy” litigation in state court, in which a court can mandate development with an affordable housing component.