HOLMDEL BUILDERS ASS'N v. TOWNSHIP OF HOLMDEL


121 N.J. 550 (1990)

583 A.2d 277

HOLMDEL BUILDERS ASSOCIATION, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. TOWNSHIP OF HOLMDEL IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOLMDEL AND THE PLANNING BOARD OF THE TOWNSHIP OF HOLMDEL, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND TOWNSHIP OF CHERRY HILL, INTERVENOR-APPELLANT. 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, AND TOWNSHIP OF CHERRY HILL, INTERVENOR-APPELLANT. 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 TOWNSHIP COUNCIL OF THE TOWNSHIP OF CHESTER, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND TOWNSHIP OF CHERRY HILL, INTERVENOR-APPELLANT. CALTON HOMES, INC., PLAINTIFF-RESPONDENT, v. TOWNSHIP OF MIDDLETOWN IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN, DEFENDANTS-APPELLANTS, AND TOWNSHIP OF CHERRY HILL, INTERVENOR-APPELLANT.

The Supreme Court of New Jersey.

Decided December 13, 1990.


Attorney(s) appearing for the Case

Alfred L. Ferguson argued the cause for appellants and cross-respondents Township of Chester, etc., et al. (McCarter & English, attorneys, Alfred L. Ferguson and Gary T. Hall, on the briefs).

William F. Dowd argued the cause for appellants Township of Middletown, etc., et al. (Dowd & Reilly, attorneys).

Joseph J. Benedict argued the cause for appellants Township of South Brunswick, etc., et al. (Benedict and Altman, and Howard W. Weber, attorneys, Joseph J. Benedict and Howard W. Weber, on the brief).

Ronald L. Reisner argued the cause for appellants and cross-respondents Township of Holmdel, etc., et al. (Gagliano, Tucci, Iadanza and Reisner, attorneys, S. Thomas Gagliano and Eugene A. Iadanza, of counsel).

Francine I. Axelrad, Municipal Attorney, argued the cause for intervenor-appellant Township of Cherry Hill.

Henry A. Hill and Thomas F. Carroll, III, argued the cause for respondents and cross-appellants (Wallack & Masanoff attorneys, Mitchell Newman, on the briefs).

Stephen Eisdorfer, Assistant Deputy Public Advocate, argued the cause on behalf of amicus curiae Public Advocate of New Jersey (Thomas S. Smith, Jr., Acting Public Advocate, attorney).

William H. McCarty, Jr., submitted a brief on behalf of amicus curiae Township of Princeton (Mason, Griffin & Pierson, attorneys, Edwin W. Schmierer, of counsel).

Kenneth E. Meiser submitted a brief on behalf of amici curiae Civic League of Greater New Brunswick and the League of Women Voters (Frizell, Pozycki & Meiser, attorneys).


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

In 1975, this Court held that developing municipalities are constitutionally required to provide a realistic opportunity for the development of low- and moderate-income housing. Southern Burlington County NAACP v. Mount Laurel Township, 67 N.J. 151, 336 A.2d 713, cert. denied, 423 U.S. 808, 96 S.Ct. 18, 46 L.Ed.2d 28 (1975) ...

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