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Page 8 -- November 15, !993 <br /> <br />Z.g. <br /> <br />DECISION: Reversed and sent back to COAH for further proceedings. <br /> In developing affordable housing plans, a municipality must consider not <br />only its own housing needs but also the needs of the entire region. <br /> When reviewing the actions of an agency, a court should presume an admin- <br />istrative regulation is reasonable and valid. In this case, the court determined <br />the occupancy preference for people living and working in the municipalily <br />was inconsistent with the New Jersey Fair Housing Act's primary purpose of <br />providing affordable housing on a regional basis. Therefore, the court reversed <br />{he reviewing court's decision and sent {he case back to COAH for further <br />proceedings. <br /> Count), NAACP u Township of Mount Laurel, 456 A.2d 390 (1983). <br /> <br />Advertising - Highway Billboards - Prohibition by City Permitted <br /> IL <br /> Scadron u CiO, of Des Plaines, 606 N.E.2d 1154 (1992) <br /> Scadron rented billboards along highways to advertisers. He wanted to put <br />a billboard near an entrance ramp to Interstate 294 in Des Plaines, Ill. He made <br />the necessary applications to the Illinois Department of Transportation and then <br />applied for a building permit with the city. <br /> The city denied Scadron's application, citing a provision of its sign reg- <br />ulations prohibiting billboards designed to be seen from a limited-access highway. <br /> Scadron sued the city in federal court, claiming its regulations were pre- <br />empted by Illinois' Highway Advertising Control Act, which limited billboards <br />but protected the right of businesses like Scadron's to erect them, as long as <br />they followed the taw's regulations. <br /> The court dismissed the suit, and Scadron appealed. The appellate court <br />transferred the case to the Illinois Supreme Court, asking the courl to decide <br />whether., under Illinois law, the city had the right to prohibit billboards despite <br />the provisions of the act protecting advertisers. <br />DECISION: The city could prohibit billboards. The case was returned to the <br />federal court. <br /> 'The home rule provisions of the Illinois Constitution give home rule "units" <br />- cities of over 25,000 - the right to pass any laws pertaining to their "gov. <br />ernment and affairs." The regulation of outdoor advertising signs falls within <br />this description, and the city has the right to pass sign regulations. Cities may <br />also perform some functions concurrently with the state so long as state law <br />does not specifically prohibit this. The act does not specifically prohibit cities <br />from having their own regulations of outdoor advertising, Some of the act's <br />language, indeed, seems to contemplate city regulations more stringent than <br />those contained in the act. <br /> Dingeman Advertising. ln~, 510 N.E. 2d 539. <br /> t~ozner v. Korshak, 303 N.E. 2d 389 (1973). <br /> <br />I <br /> <br />I <br />I' <br />I <br />I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br /> ! <br /> I <br /> I <br /> I <br /> <br /> <br />