On Wednesday, October 22, judges on Part B of the Appellate Division will hear oral argument in Borough of Montvale v. State of New Jersey. The case is before the Appellate Division on a grant of leave to appeal.

This case was brought by dozens of municipalities that seek to contest the New Jersey Housing and Mortgage Finance Agency’s rulemaking under the Fourth Round Affordable Housing Law, P.L. 2024, c. 2. One challenge was filed in the Appellate Division and is pending. A separate case was filed in the Law Division. That court concluded that that case was improperly filed there, rather than in the Appellate Division, the court that has jurisdiction over complaints about agency actions. Plaintiffs asked that the case be transferred to the Appellate Division, but the Law Division, essentially viewing the case as duplicative of the appeal already pending in the Appellate Division, denied that request.

Plaintiffs argue on appeal that the second case should be allowed to proceed in the Appellate Division. Defendants contend that the Law Division rightly rejected that, given the procedural history and posture of the case. An amicus, the Fair Share Housing Center, largely agrees with defendants.

The briefs in the case are available here, and the livestreamed oral argument can be viewed at this link.