MORRIS CTY. F. HOUSING v. BOONTON TP.


230 N.J. Super. 345 (1989)

553 A.2d 814

MORRIS COUNTY FAIR HOUSING COUNCIL, MORRIS COUNTY BRANCH OF THE NATIONAL ASSOCIATION FOR ADVANCEMENT OF COLORED PEOPLE AND ALFRED A. SLOCUM, PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY, PLAINTIFFS, AND JOHN AND SALVATORE CORTESE, HOLLOW HILL ASSOCIATES AND SENTRY MORRIS ASSOCIATES, PLAINTIFFS-INTERVENORS, 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, MOUNTAIN LAKES BOROUGH, MOUNT OLIVE TOWNSHIP, PARSIPPANY TROY HILLS TOWNSHIP, PASSAIC TOWNSHIP, RANDOLPH TOWNSHIP, RIVERDALE BOROUGH, ROCKAWAY TOWNSHIP, ROXBURY TOWNSHIP AND WASHINGTON TOWNSHIP, DEFENDANTS, AND SOUTHWEST MORRIS TOWNSHIP HOMEOWNERS ASSOCIATION, DEFENDANT-INTERVENOR. MURWIN DEVELOPMENT CORP., A NEW JERSEY CORPORATION, PLAINTIFF, v. TOWNSHIP OF MORRIS, IN THE COUNTY OF MORRIS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MORRIS AND THE PLANNING BOARD OF THE TOWNSHIP OF MORRIS, DEFENDANTS. HOLLOW HILL ASSOCIATES, A GENERAL PARTNERSHIP UNDER THE LAWS OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MORRIS TOWNSHIP PLANNING BOARD, DEFENDANT-APPELLANT, AND TOWNSHIP OF MORRIS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided January 20, 1989.


Attorney(s) appearing for the Case

James R. Hillas, Jr., argued the cause for appellant.

Alfred L. Ferguson argued the cause for respondent (McCarter & English, attorneys; Alfred L. Ferguson, Gary T. Hall and Susan R. Kaplan, of counsel and on the brief).

Before Judges SHEBELL, GRUCCIO and LANDAU.


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

Defendant Morris Township Planning Board (Board) appeals from a judgment of the Law Division which set aside the Board's denial of site plan approval of a 292-unit housing complex on 64 acres of land, of which 64 units will be Mt. Laurel units, affordable to low or moderate income families. See So. Burl. Cty. N.A.A.C.P. v. Tp. of Mt. Laurel, 67 N.J. 151 (1975)....

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