Opinion

Lower Main Street Associates v. New Jersey Housing & Mortgage Finance Agency

  • 114 N.J. 226
  • 553 A.2d 798
  • 1989 N.J. LEXIS 20
Court
Supreme Court of New Jersey
Filed
Feb 22, 1989
Status
Published
Author
O'Hern
On the bench
Stein, O'Hern
Cited by
47 cases
Authority
More cited than 5.1%

holding the "flexibility" afforded agencies "does not allow an agency to ignore the [APA] dictates"

How later courts described this case

  • holding the "flexibility" afforded agencies "does not allow an agency to ignore the [APA] dictates"
  • recognizing that prepayment regulations are necessary to promote the legislative goals of providing affordable housing for the life of the mortgages

Written by the judges who cited it.

The opinion

O’HERN, J.,

concurring in part, dissenting in part.

With but one exception, I concur in the well-reasoned opinion of the majority. Adhering to views that I expressed in dissent in Woodland Private Study Group v. State, 109 N.J. 62, 76 (1987), I do not join that portion of Part II of the majority opinion that would require the agency to enact regulations prior to exercising its governmental power to permit prepayment of its mortgage. Would we say that the exercise of judgment by the board of directors of a commercial lender with respect to prepayment of a mortgage would be arbitrary unless it has written regulations in place before it exercises its judgment? Why must government always have paper in place before it acts? See Smith, “Judicialization: The Twilight of Administrative Law,” 1985 Duke L.J. 427 (administrative process has become so formalized that it has lost sight of original goal of effectuating governmental policy).

*245 O’HERN, J., concurring in part and dissenting in part.

For affirmance in part and reversal in pari—Justices CLIFFORD, HANDLER, POLLOCK, GARIBALDI and STEIN—5.

Opposed—None.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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