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URBAN LEAGUE v. MAYOR AND COUNCIL

115 N.J. 536 (1989)

559 A.2d 1369

URBAN LEAGUE OF GREATER NEW BRUNSWICK, NOW KNOWN AS CIVIC LEAGUE OF GREATER NEW BRUNSWICK, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, AND FANNIE BOTTS, LYDIA CRUZ AND JEAN WHITE, PLAINTIFFS, v. MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET, MAYOR AND COUNCIL OF THE BOROUGH OF DUNELLEN, 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, MAYOR AND COUNCIL OF THE BOROUGH OF SAYREVILLE, MAYOR AND COUNCIL OF THE CITY OF SOUTH AMBOY, MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH RIVER, MAYOR AND COUNCIL OF THE BOROUGH OF SPOTSWOOD, AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WOODBRIDGE, DEFENDANTS, AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CRANBURY, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EAST BRUNSWICK, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONROE, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF NORTH BRUNSWICK, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF OLD BRIDGE, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PISCATAWAY, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PLAINSBORO, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF SOUTH BRUNSWICK, AND MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 11, 1989.

Attorney(s) appearing for the Case

Phillip Lewis Paley argued the cause for appellants and cross-respondents (Kirsten, Simon, Friedman, Allen, Cherin & Linken, attorneys; Phillip Lewis Paley and Lionel J. Frank, on the briefs).

Barbara Stark argued the cause for respondents and cross-appellants (John M. Payne and Barbara Stark, Rutgers Law School, Constitutional Litigation Clinic, attorneys; Barbara Stark and John M. Payne, on the brief).

Stephen M. Eisdorfer, Assistant Deputy Public Advocate, argued the cause for amicus curiae, Public Advocate of the State of New Jersey (Alfred A. Slocum, Public Advocate, attorney; Stephen M. Eisdorfer and John P. Thurber, Assistant Deputy Public Advocate, on the brief).

The opinion of the Court was delivered by HANDLER, J.

Plaintiffs, representing persons in need of affordable housing, contend that they are entitled to attorney's fees as successful civil rights litigants. The litigation in which they prevailed was brought on a complaint against numerous municipal defendants charging that their local zoning ordinances were invalid because of their exclusionary impact on persons of low and...

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