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  5. 103 N.J. 1 (1986)
 

HILLS DEV. CO. v. BERNARDS TP. IN SOMERSET CTY.

103 N.J. 1 (1986)

510 A.2d 621

THE HILLS DEVELOPMENT COMPANY, PLAINTIFF-RESPONDENT, v. THE TOWNSHIP OF BERNARDS IN THE COUNTY OF SOMERSET, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF BERNARDS, THE PLANNING BOARD OF THE TOWNSHIP OF BERNARDS, AND THE SEWERAGE AUTHORITY OF THE TOWNSHIP OF BERNARDS, DEFENDANTS-APPELLANTS. HELEN MOTZENBECKER, PLAINTIFF-RESPONDENT, v. MAYOR AND COUNCIL OF THE BOROUGH OF BERNARDSVILLE AND THE BOROUGH OF BERNARDSVILLE, DEFENDANTS-APPELLANTS. URBAN LEAGUE OF GREATER NEW BRUNSWICK, A NONPROFIT CORPORATION OF THE STATE OF NEW JERSEY, CLEVELAND BENSON, JUDITH CHAMPION, BARBARA TIPPETT AND KENNETH TUSKEY, ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS, AND FANNIE BOTTS, LYDIA CRUZ AND JEAN WHITE, PLAINTIFFS, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET, MAYOR AND COUNCIL OF THE BOROUGH OF DUNELLEN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EAST BRUNSWICK, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EDISON, MAYOR AND COUNCIL OF THE BOROUGH OF HELMETTA, MAYOR AND COUNCIL OF THE BOROUGH OF HIGHLAND PARK, MAYOR AND COUNCIL OF THE BOROUGH OF JAMESBURG, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MADISON, MAYOR AND COUNCIL OF THE BOROUGH OF METUCHEN, MAYOR AND COUNCIL OF THE BOROUGH OF MIDDLESEX, MAYOR AND COUNCIL OF THE BOROUGH OF MILLTOWN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONROE, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF NORTH BRUNSWICK, TOWNSHIP, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PISCATAWAY, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PLAINSBORO, MAYOR AND COUNCIL OF THE BOROUGH OF SAYREVILLE, MAYOR AND COUNCIL OF THE CITY OF SOUTH AMBOY, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF SOUTH BRUNSWICK, MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH RIVER, MAYOR AND COUNCIL OF THE BOROUGH OF SPOTSWOOD, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WOODBRIDGE, DEFENDANTS, AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CRANBURY, DEFENDANT-APPELLANT. GARFIELD AND COMPANY, PLAINTIFF-RESPONDENT, v. MAYOR AND THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CRANBURY, A MUNICIPAL CORPORATION, AND THE MEMBERS THEREOF; PLANNING BOARD OF THE TOWNSHIP OF CRANBURY, AND THE MEMBERS THEREOF, DEFENDANTS-APPELLANTS. CRANBURY LAND COMPANY, A NEW JERSEY LIMITED PARTNERSHIP, PLAINTIFF-RESPONDENT, v. CRANBURY TOWNSHIP, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY LOCATED IN MIDDLESEX COUNTY, NEW JERSEY, DEFENDANT-APPELLANT. LAWRENCE ZIRINSKY, PLAINTIFF-RESPONDENT, v. THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CRANBURY, A MUNICIPAL CORPORATION, AND THE PLANNING BOARD OF THE TOWNSHIP OF CRANBURY, DEFENDANTS-APPELLANTS. TOLL BROTHERS, INC., A PENNSYLVANIA CORPORATION, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF CRANBURY IN THE COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CRANBURY AND THE PLANNING BOARD OF THE TOWNSHIP OF CRANBURY, DEFENDANTS-APPELLANTS. MORRIS COUNTY FAIR HOUSING COUNCIL, MORRIS COUNTY BRANCH OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE AND STANLEY C. VAN NESS, PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY, PLAINTIFFS-RESPONDENTS, v. BOONTON TOWNSHIP, CHATHAM TOWNSHIP, CHESTER TOWNSHIP, EAST HANOVER TOWNSHIP, FLORHAM PARK BOROUGH, HANOVER TOWNSHIP, HARDING TOWNSHIP JEFFERSON TOWNSHIP, KINNELON BOROUGH, LINCOLN PARK BOROUGH, MADISON BOROUGH, MENDHAM BOROUGH, MENDHAM TOWNSHIP, MONTVILLE TOWNSHIP, MORRIS TOWNSHIP, MORRIS PLAINS BOROUGH, MOUNT OLIVE TOWNSHIP, PARSIPPANY-TROY HILLS TOWNSHIP, PASSAIC TOWNSHIP PEQUANNOCK TOWNSHIP, RANDOLPH TOWNSHIP, RIVERDALE BOROUGH, ROCKAWAY TOWNSHIP, ROXBURY TOWNSHIP AND WASHINGTON TOWNSHIP, DEFENDANTS, AND DENVILLE TOWNSHIP, DEFENDANT-APPELLANT. AFFORDABLE LIVING CORPORATION, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF DENVILLE, DEFENDANT-APPELLANT, AND SHONGUM-UNION HILL CIVIC ASSOCIATION, A NOT-FOR-PROFIT CORPORATION, INTERVENOR-RESPONDENT. ANGELO CALI, PLAINTIFF-RESPONDENT, v. THE TOWNSHIP OF DENVILLE, IN THE COUNTY OF MORRIS: A MUNICIPAL CORPORATION OF NEW JERSEY, THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE, AND THE PLANNING BOARD OF THE TOWNSHIP OF DENVILLE, DEFENDANTS-APPELLANTS. SIEGLER ASSOCIATES, A PARTNERSHIP EXISTING UNDER THE LAWS OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF DENVILLE, DEFENDANT-APPELLANT. MAURICE SOUSSA AND ESTHER H. SOUSSA, PLAINTIFFS-RESPONDENTS, v. THE TOWNSHIP OF DENVILLE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, SITUATED IN MORRIS COUNTY, AND THE DENVILLE TOWNSHIP PLANNING BOARD, DEFENDANTS-APPELLANTS. STONEHEDGE ASSOCIATES, PLAINTIFF-RESPONDENT, v. THE TOWNSHIP OF DENVILLE, IN THE COUNTY OF MORRIS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE & THE PLANNING BOARD OF THE TOWNSHIP OF DENVILLE, DEFENDANTS-APPELLANTS. REAL ESTATE EQUITIES, INC., PLAINTIFF-RESPONDENT, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF HOLMDEL, DEFENDANT-APPELLANT. NEW BRUNSWICK-HAMPTON, INC., PLAINTIFF-RESPONDENT, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF HOLMDEL, DEFENDANT-APPELLANT. PALMER ASSOCIATES AND GIDEON ADLER, PLAINTIFFS-RESPONDENTS, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF HOLMDEL, DEFENDANT-APPELLANT. URBAN LEAGUE OF GREATER NEW BRUNSWICK, A NONPROFIT CORPORATION OF THE STATE OF NEW JERSEY, CLEVELAND BENSON, JUDITH CHAMPION, BARBARA TIPPETT AND KENNETH TUSKEY, ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CRANBURY, MAYOR AND COUNCIL OF THE BOROUGH OF DUNELLEN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EAST BRUNSWICK, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EDISON, MAYOR AND COUNCIL OF THE BOROUGH OF HELMETTA, MAYOR AND COUNCIL OF THE BOROUGH OF HIGHLAND PARK, MAYOR AND COUNCIL OF THE BOROUGH OF JAMESBURG, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MADISON, MAYOR AND COUNCIL OF THE BOROUGH OF METUCHEN, MAYOR AND COUNCIL OF THE BOROUGH OF MIDDLESEX, MAYOR AND COUNCIL OF THE BOROUGH OF MILLTOWN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF NORTH BRUNSWICK, TOWNSHIP, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PISCATAWAY, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PLAINSBORO, MAYOR AND COUNCIL OF THE BOROUGH OF SAYREVILLE, MAYOR AND COUNCIL OF THE CITY OF SOUTH AMBOY, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF SOUTH BRUNSWICK AND MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH RIVER, MAYOR AND COUNCIL OF THE BOROUGH OF SPOTSWOOD, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WOODBRIDGE, DEFENDANTS, AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONROE, DEFENDANT-APPELLANT. MONROE DEVELOPMENT ASSOCIATES, PLAINTIFF-RESPONDENT, v. MONROE TOWNSHIP, DEFENDANT-APPELLANT. LORI ASSOCIATES, A NEW JERSEY PARTNERSHIP, AND HABD ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFFS-RESPONDENTS, v. MONROE TOWNSHIP, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, LOCATED IN MIDDLESEX COUNTY, NEW JERSEY, DEFENDANT-APPELLANT. GREAT MEADOWS COMPANY, A NEW JERSEY PARTNERSHIP; MONROE GREENS ASSOCIATES, AS TENANTS IN COMMON; AND GUARANTEED REALTY ASSOCIATES, INC., A NEW JERSEY CORPORATION, PLAINTIFFS-RESPONDENTS, v. MONROE TOWNSHIP, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, LOCATED IN THE STATE OF NEW JERSEY, LOCATED IN MIDDLESEX COUNTY, NEW JERSEY, DEFENDANT-APPELLANT. MORRIS COUNTY FAIR HOUSING COUNCIL, MORRIS COUNTY BRANCH OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE AND STANLEY C. VAN NESS, PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY, PLAINTIFFS-RESPONDENTS, v. BOONTON TOWNSHIP, CHATHAM TOWNSHIP, CHESTER TOWNSHIP, DENVILLE TOWNSHIP, EAST HANOVER TOWNSHIP, FLORHAM PARK BOROUGH, HANOVER TOWNSHIP, HARDING TOWNSHIP, JEFFERSON TOWNSHIP, KINNELON BOROUGH, LINCOLN PARK BOROUGH, MADISON BOROUGH, MENDHAM BOROUGH, MENDHAM TOWNSHIP, MONTVILLE TOWNSHIP, MORRIS TOWNSHIP, MORRIS PLAINS BOROUGH, MOUNT OLIVE TOWNSHIP, PARSIPPANY-TROY HILLS TOWNSHIP, PASSAIC TOWNSHIP, PEQUANNOCK TOWNSHIP, RIVERDALE BOROUGH, ROCKAWAY TOWNSHIP, ROXBURY TOWNSHIP AND WASHINGTON TOWNSHIP, DEFENDANTS, AND RANDOLPH TOWNSHIP, DEFENDANT-APPELLANT. RANDOLPH MOUNTAIN INDUSTRIAL COMPLEX, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF RANDOLPH, DEFENDANT, AND THE TOWNSHIP OF RANDOLPH, A MUNICIPAL CORPORATION OF THE COUNTY OF MORRIS, STATE OF NEW JERSEY, DEFENDANT-APPELLANT. URBAN LEAGUE OF GREATER NEW BRUNSWICK, A NONPROFIT CORPORATION OF THE STATE OF NEW JERSEY, CLEVELAND BENSON, JUDITH CHAMPION, BARBARA TIPPETT AND KENNETH TUSKEY, ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CRANBURY, MAYOR AND COUNCIL OF THE BOROUGH OF DUNELLEN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EAST BRUNSWICK, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EDISON, MAYOR AND COUNCIL OF THE BOROUGH OF HELMETTA, MAYOR AND COUNCIL OF THE BOROUGH OF HIGHLAND PARK, MAYOR AND COUNCIL OF THE BOROUGH OF JAMESBURG, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MADISON, MAYOR AND COUNCIL OF THE BOROUGH OF METUCHEN, MAYOR AND COUNCIL OF THE BOROUGH OF MIDDLESEX, MAYOR AND COUNCIL OF THE BOROUGH OF MILLTOWN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONROE, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF NORTH BRUNSWICK, TOWNSHIP, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PISCATAWAY, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PLAINSBORO, MAYOR AND COUNCIL OF THE BOROUGH OF SAYREVILLE, MAYOR AND COUNCIL OF THE CITY OF SOUTH AMBOY, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF SOUTH BRUNSWICK, MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH RIVER, MAYOR AND COUNCIL OF THE BOROUGH OF SPOTSWOOD, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WOODBRIDGE, DEFENDANTS, AND MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, DEFENDANT-APPELLANT. AMG REALTY COMPANY, A PARTNERSHIP ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY AND SKYTOP LAND CORP., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. THE TOWNSHIP OF WARREN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT. TIMBER PROPERTIES, PLAINTIFF-RESPONDENT, v. THE TOWNSHIP OF WARREN, THE PLANNING BOARD OF THE TOWNSHIP OF WARREN AND THE WARREN TOWNSHIP SEWERAGE AUTHORITY, DEFENDANTS-APPELLANTS. URBAN LEAGUE OF GREATER NEW BRUNSWICK, A NONPROFIT CORPORATION OF THE STATE OF NEW JERSEY, CLEVELAND BENSON, JUDITH CHAMPION, BARBARA TIPPETT AND KENNETH TUSKEY, ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS, v. THE MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CRANBURY, MAYOR AND COUNCIL OF THE BOROUGH OF DUNELLEN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EAST BRUNSWICK, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EDISON, MAYOR AND COUNCIL OF THE BOROUGH OF HELMETTA, MAYOR AND COUNCIL OF THE BOROUGH OF HIGHLAND PARK, MAYOR AND COUNCIL OF THE BOROUGH OF JAMESBURG, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MADISON, MAYOR AND COUNCIL OF THE BOROUGH OF METUCHEN, MAYOR AND COUNCIL OF THE BOROUGH OF MIDDLESEX, MAYOR AND COUNCIL OF THE BOROUGH OF MILLTOWN, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONROE, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF NORTH BRUNSWICK, TOWNSHIP, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PLAINSBORO, MAYOR AND COUNCIL OF THE BOROUGH OF SAYREVILLE, MAYOR AND COUNCIL OF THE CITY OF SOUTH AMBOY, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF SOUTH BRUNSWICK AND MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH RIVER, MAYOR AND COUNCIL OF THE BOROUGH OF SPOTSWOOD, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WOODBRIDGE, DEFENDANTS, AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PISCATAWAY, DEFENDANT-APPELLANT. ROBERT E. RIVELL, PLAINTIFF-APPELLANT, v. TOWNSHIP OF TEWKSBURY, A MUNICIPAL CORPORATION LOCATED IN HUNTERDON COUNTY, NEW JERSEY, DEFENDANT-RESPONDENT. J.W. FIELD COMPANY, INC., AND JACK W. FIELD, PLAINTIFFS-RESPONDENTS, v. THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF FRANKLIN AND THE TOWNSHIP OF FRANKLIN, SOMERSET COUNTY, DEFENDANTS-APPELLANTS. JZR ASSOCIATES, INC., A PARTNERSHIP, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF FRANKLIN; MAYOR AND COUNCIL AND PLANNING BOARD, DEFENDANTS-APPELLANTS. FLAMA CONSTRUCTION CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF FRANKLIN AND THE TOWNSHIP OF FRANKLIN, SOMERSET COUNTY, DEFENDANTS-APPELLANTS. WHITESTONE CONSTRUCTION, INC., PLAINTIFF-RESPONDENT, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF FRANKLIN, AND TOWNSHIP OF FRANKLIN, DEFENDANTS-APPELLANTS. BRENER ASSOCIATES AND HELEN BRENER SMITH, PLAINTIFFS-RESPONDENTS, v. TOWNSHIP OF FRANKLIN IN THE COUNTY OF SOMERSET, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF FRANKLIN, AND THE PLANNING BOARD OF THE TOWNSHIP OF FRANKLIN, DEFENDANTS-APPELLANTS, AND THE TOWNSHIP OF FRANKLIN SEWERAGE AUTHORITY AND THE FRANKLIN TOWNSHIP WATER UTILITY, DEFENDANTS. RAKECO DEVELOPERS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF FRANKLIN AND THE TOWNSHIP OF FRANKLIN, DEFENDANTS-APPELLANTS. WOODBROOK DEVELOPMENT COMPANY, INC., A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF FRANKLIN, SOMERSET COUNTY, DEFENDANT-APPELLANT. LEO MINDEL, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF FRANKLIN, A MUNICIPAL CORPORATION LOCATED IN SOMERSET COUNTY, NEW JERSEY, DEFENDANT-APPELLANT. R.A.S. LAND DEVELOPMENT COMPANY, INC., A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF FRANKLIN, SOMERSET COUNTY, DEFENDANT-APPELLANT. JOPS COMPANY, PLAINTIFF-RESPONDENT, v. THE TOWNSHIP OF COUNCIL OF THE TOWNSHIP OF FRANKLIN, THE TOWNSHIP OF FRANKLIN, SOMERSET COUNTY, AND THE PLANNING BOARD OF THE TOWNSHIP OF FRANKLIN, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Argued in Part and Submitted in Part January 7, 1986.

Decided February 20, 1986.

Attorney(s) appearing for the Case

James E. Davidson argued the cause for appellants (A-122) (Farrell, Curtis, Carlin & Davidson and Kerby, Cooper, Schaul & Garvin, attorneys; James E. Davidson, Arthur H. Garvin, III, and Howard P. Shaw on the briefs).

Edward J. Buzak argued the cause for appellant (A-128) (Edward J. Buzak, attorney; Edward J. Buzak, Valerie K. Bollheimer and Deborah McKenna Zipper, on the brief).

Stephan F. Hansbury argued the cause for appellant (A-125) (Harper & Hansbury, attorneys).

William C. Moran, Jr. and Ronald L. Reisner argued the cause for appellant (A-124) (Huff, Moran & Balint, attorneys).

Thomas J. Beetel argued the cause for appellant (A-132) (Thomas J. Beetel, attorney; Thomas J. Beetel and Robert M. Purcell, on the brief).

J. Albert Mastro submitted a brief on behalf of appellants (A-123).

Ronald L. Reisner submitted a brief on behalf of appellant (A-126) (Gagliano, Tucci, Iadanza and Reisner, attorneys; S. Thomas Gagliano, of counsel).

Mario Apuzzo submitted a letter brief on behalf of appellant (A-127).

Frank A. Santoro submitted a brief on behalf of appellant (A-129).

John E. Coley, Jr. submitted briefs on behalf of appellants (A-130) (Kunzman, Coley, Yospin & Bernstein, attorneys; Steven A. Kunzman, on the briefs).

Philip Lewis Paley submitted briefs on behalf of appellant (A-131) (Kirsten, Friedman & Cherin, attorneys; Philip Lewis Paley and Lionel J. Frank, on the briefs).

Thomas J. Cafferty submitted briefs on behalf of appellant Franklin Township (A-133) (McGimpsey & Cafferty, attorneys; Thomas J. Cafferty, A.F. McGimpsey, Jr., and David Scott Mack, on the briefs).

William T. Cooper submitted a letter on behalf of appellant Franklin Township Planning Board (A-133) relying on the briefs of the other appellant on the appeal.

Richard Dieterly argued the cause for respondent (A-132) (Gebhardt & Kiefer, attorneys; Richard Dieterly and Sharon Handrock Moore, on the briefs).

Irwin I. Kimmelman, Attorney General of New Jersey, argued the cause pro se as an intervenor-respondent in all appeals (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Michael R. Cole, First Assistant Attorney General, and Deborah T. Poritz, Deputy Attorney General, of counsel; Edward J. Boccher, Michael J. Haas, Ross Lewin, and Nancy B. Stiles, Deputy Attorneys General, on the brief).

Stephen Eisdorfer, Assistant Deputy Public Advocate, argued the cause for respondents Morris County Fair Housing Council, et al. (A-125) and submitted a brief as to that appeal and all other appeals on behalf of the Public Advocate (Alfred A. Slocum, Acting Public Advocate, attorney).

John M. Payne argued the cause for respondents Urban League of Greater New Brunswick, et al. (A-124/127/129/131) on behalf of the American Civil Liberties Union of New Jersey (John M. Payne and Eric Neisser, attorneys).

Carl S. Bisgaier argued the cause for respondent Cranbury Land Co. (A-124) and submitted briefs on behalf of respondents Real Estate Equities, Inc. (A-126) and Monroe Development Association (A-127) (Bisgaier and Pancotta, attorneys).

William S. Warren argued the cause for respondent Garfield & Co. (A-124) (Warren, Goldberg, Berman & Lubitz, attorneys).

Henry A. Hill argued the cause for respondent (A-122) (Brener, Wallack & Hill, attorneys; Henry A. Hill, Thomas F. Carroll and Guliet D. Hirsch, on the brief).

Guliet D. Hirsch argued the cause for respondent Stonehedge Associates (A-125) and submitted letter briefs on behalf of respondent Brener Associates (A-133) (Brener, Wallack & Hill, attorneys).

Douglas K. Wolfson argued the cause for respondent Siegler Associates (A-125) and a joint brief was submitted by Douglas K. Wolfson, on behalf of respondents Helen Motzenbecker (A-123), Siegler Associates (A-125), Rakeco Developers, Inc. (A-133), and New Brunswick-Hampton, Inc. (A-126), Francis P. Linnus on behalf of respondent JZR Associates, Inc. (A-133) and Frederick C. Mezey on behalf of respondent Flama Construction Co. (A-133) (Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, Lanfrit & Linnus, and Mezey & Mezey, attorneys; Douglas K. Wolfson, Jeffrey R. Surenian, Francis P. Linnus, Mark A. Razzano, Frederick C. Mezey, and Jeffrey L. Shanaberger, on the brief).

Richard T. Sweeney argued the cause for respondent Randolph Mountain Industrial Complex (A-128) (Sears, Pendleton & Sweeney, attorneys).

Michael J. Herbert submitted letter briefs on behalf of respondent Lawrence Zirinsky (A-124) (Sterns, Herbert & Weinroth, attorneys).

Arthur Penn submitted a brief on behalf of respondent Affordable Living Corporation (A-125) (Shain, Scheffer & Rafanello, attorneys).

Nicholas E. Caprio submitted a letter brief on behalf of respondent Angelo Cali (A-125) (Harkavy, Goldman, Goldman & Caprio, attorneys).

Alan Ruddy submitted a brief on behalf of respondents Maurice and Esther Soussa (A-125) (Citrino, DiBiasi & Katchen, attorneys; Barney K. Katchen, of counsel).

Lewis Goldshore submitted a letter brief on behalf of intervenor-respondent Shongrum-Union Hill Civic Association (A-125) (Goldshore & Wolfe, attorneys; Nielsen V. Lewis, of counsel and on the brief).

J. Peter Sokol submitted a letter on behalf of respondents Palmer Associates, et al. (A-126), relying on the briefs filed by the other respondents on the appeal (McOmber & McOmber, attorneys).

Arnold K. Mytelka submitted a letter brief on behalf of respondents Lori Associates and HABD Associates (A-127) (Clapp and Eisenberg, attorneys).

Ronald L. Shimanowitz submitted a letter brief on behalf of respondent Great Meadows Company (A-127) (Hutt, Berkow & Jankowski, attorneys).

Joseph E. Murray submitted briefs on behalf of respondents AMG Realty Company and Skytop Land Corp. (A-130) (McDonough, Murray & Korn, attorneys).

Raymond R. Trombadore submitted a letter on behalf of respondent Timber Properties (A-130) relying on the briefs filed by the other respondents on the appeal (Raymond R. and Ann W. Trombadore, attorneys).

Kenneth E. Meiser submitted briefs on behalf of respondent J.W. Field Company, Inc. (A-133) (Frizell & Pozycki, attorneys; Kenneth E. Meiser and David J. Frizell, on the briefs).

Herbert J. Silver submitted a letter on behalf of respondent Whitestone Construction, Inc. (A-133) relying on the briefs filed by the other respondents on the appeal. Allen Russ submitted a letter on behalf of respondent Jops Company (A-133), relying on the briefs of the other respondents on the appeal.

Steven L. Sacks-Wilner, Chief Counsel, argued the cause for amici curiae New Jersey General Assembly and New Jersey Senate Minority in all appeals.

The opinion of the Court was delivered by WILENTZ, C.J.

In this appeal we are called upon to determine the constitutionality and effect of the "Fair Housing Act" (L. 1985, c. 222), the Legislature's response to the Mount Laurel cases.1 The Act creates an administrative agency (the Council on Affordable Housing) with power to define housing regions within the state and the regional...

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