HOLMDEL BUILDERS ASSOCIATION, PLAINTIFF-RESPONDENT,
v.
TOWNSHIP OF HOLMDEL; THE TOWNSHIP COMMITTEE OF HOLMDEL AND THE PLANNING BOARD OF THE TOWNSHIP OF HOLMDEL, DEFENDANTS-APPELLANTS. NEW JERSEY CHAPTER OF THE NATIONAL ASSOCIATION OF INDUSTRIAL AND OFFICE PARKS, PLAINTIFF-RESPONDENT,
v.
TOWNSHIP OF SOUTH BRUNSWICK IN THE COUNTY OF MIDDLESEX, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF SOUTH BRUNSWICK, THE PLANNING BOARD OF THE TOWNSHIP OF SOUTH BRUNSWICK AND THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SOUTH BRUNSWICK, DEFENDANTS-APPELLANTS. NEW JERSEY BUILDERS ASSOCIATION, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT,
v.
THE TOWNSHIP OF CHESTER IN THE COUNTY OF MORRIS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND THE MAYOR AND COUNCIL OF THE TOWNSHIP OF CHESTER, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS. CALTON HOMES, INC., PLAINTIFF-RESPONDENT,
v.
TOWNSHIP OF MIDDLETOWN, A MUNICIPAL CORPORATION, AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLE-TOWN, DEFENDANTS-APPELLANTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued January 18, 1989.
Decided March 30, 1989.
Attorney(s) appearing for the Case
Eugene A. Iadanza and Ronald Lee Reisner, argued the cause, for appellants Township of Holmdel and Township Committee of Holmdel (Gagliano, Tucci, Iadanza and Reisner, attorneys, Eugene A. Iadanza of counsel, Shaun R. Schlich, on the briefs).
Dowd & Reilly, for appellant Planning Board of the Township of Holmdel (Bernard M. Reilly, on the brief).
Joseph J. Benedict, argued the cause, for appellants Township of South Brunswick and Township Committee of the Township of South Brunswick (Benedict and Altman, attorneys), David Mask, argued the cause, for appellant Planning Board of the Township of South Brunswick (McGimpsey and Cafferty, attorneys, Joseph J. Benedict and Thomas J. Cafferty on the joint brief).
Alfred L. Ferguson argued the cause for appellants Township of Chester and Mayor and Council of the Township of Chester (McCarter & English, attorneys, Alfred L. Ferguson of counsel and on the brief with Gary T. Hall).
Bernard M. Reilly argued the cause for appellants Township of Middletown and Township Committee of the Township of Middletown (Dowd & Reilly, attorneys, William F. Dowd, on the brief).
Henry A. Hill argued the cause for respondents and cross-appellant (Brener, Wallack & Hill, attorneys, Henry A. Hill on the briefs with Thomas F. Carroll, III, Steven H. Merman and Mitchell Newman).
Stephen Eisdorfer, Assistant Deputy Public Advocate, argued the cause of amicus curiae New Jersey Department of the Public Advocate (Alfred A. Slocum, Public Advocate of New Jersey, attorney, Stephen Eisdorfer, on the briefs).
Ralph J. Kmiec, Municipal Attorney, argued the cause on behalf of intervenor Township of Cherry Hill (Ralph J. Kmiec, on the briefs).
Before Judges ANTELL, DREIER and HAVEY.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by HAVEY, J.A.D.
In these actions in lieu of prerogative writs, consolidated for the purpose of this appeal, we are called upon to decide whether a municipality may exact development fees as a condition to constructing residential and nonresidential units within the municipality. Each of the challenged ordinances provide that the fees shall be paid by developers into an affordable...
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