State's High Court Rules Christie Can't Dissolve COAH

By Colleen O'Dea, Courtesy of NJ Spotlight

In a sweeping decision the state Supreme Court Wednesday ruled that Gov. Chris Christie does not have the power to reorganize independent state agencies. The 5-2 decision was specific to the Council on Affordable Housing, and overturned the governor's order to abolish COAH.

The court also said that Christie did not have the authority to abolish the Commission on Higher Education and transfer its duties to the Secretary of Higher Education, something he did via a reorganization plan filed the same day in June 2011 that he filed a plan to eliminate COAH. But the court took no action to change that reorganization.

Writing for the majority, Justice Stuart Rabner opened his opinion by stating, “This case is about whether a Chief Executive has the authority to abolish independent agencies that were created by legislative action.”

In addition to leading to the reinstatement of COAH, the ruling should prevent Christie from trying to abolish or change similar agencies, including the Pinelands Commission and Highlands Council, with which he does not necessarily agree, said Jeff Tittel, head of the New Jersey Chapter of the Sierra Club.

“It’s an interesting decision,” he said. “It limits the power of an executive who has overstepped his bounds.”

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