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URB. LEAGUE OF GREATER NEW BRUNS. v. MAYOR & COUN. BOROUGH OF CARTERET

170 N.J. Super. 461 (1979)

406 A.2d 1322

URBAN LEAGUE OF GREATER NEW BRUNSWICK, A NONPROFIT CORPORATION OF THE STATE OF NEW JERSEY, CLEVELAND BENSON, FANNIE BOTTS, JUDITH CHAMPION, LYDIA CRUZ, BARBARA TIPPETT, KENNETH TUSKEY AND JEAN WHITE, ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, 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 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-APPELLANTS AND CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 11, 1979.

Attorney(s) appearing for the Case

Mr. William C. Moran, Jr. argued the cause for defendant Township of Cranbury (Messrs. Huff and Moran, attorneys).

Mr. Bertram E. Busch argued the cause for defendant Township Council of Township of East Brunswick (Messrs. Busch & Busch, attorneys; Mr. Marc Morley Kane on the brief).

Mr. Thomas R. Farino, Jr. argued the cause for defendant Township of Monroe.

Mr. Joseph H. Burns argued the cause for defendant Township of North Brunswick.

Mr. Daniel S. Bernstein argued the cause for defendant Township of Piscataway (Messrs. Sachar, Bernstein, Rothberg, Sikora & Mongello, attorneys).

Mr. Joseph L. Stonaker argued the cause for defendant Township Committee of the Township of Plainsboro.

Mr. Barry C. Brechman argued the cause for defendant Township Committee of the Township of South Brunswick.

Mr. Sanford E. Chernin argued the cause for defendant Mayor and Council of the Borough of South Plainfield (Messrs. Chernin & Freeman, attorneys).

Ms. Marilyn J. Morheuser and Mr. Martin E. Sloane (pro hac vice) argued the cause for all plaintiffs (Messrs. Baumgart and Ben-Asher, attorneys).

Before Judges HALPERN, ARD and ANTELL.

The opinion of the court was delivered by ANTELL, J.A.D.

Defendants appeal from a judgment of the Chancery Division invalidating their zoning ordinances to the extent that they make inadequate provision for fair shares of low and moderate-income regional housing needs and requiring them to rezone in accordance with specified allocations.

Plaintiff Urban League is a nonprofit corporation which works to improve the economic conditions of racial and ethnic minority...

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