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TOLL BROS., INC. v. TP. OF WEST WINDSOR

303 N.J. Super. 518 (1996)

TOLL BROTHERS, INC., A DELAWARE CORPORATION, PLAINTIFF, v. TOWNSHIP OF WEST WINDSOR, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY LOCATED IN MERCER COUNTY, NEW JERSEY, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WEST WINDSOR, AND THE PLANNING BOARD OF THE TOWNSHIP OF WEST WINDSOR, DEFENDANTS.

Superior Court of New Jersey, Law Division.

October 16, 1996.

Attorney(s) appearing for the Case

Henry A. Hill and Carl S. Bisgaier, for plaintiff (Hill Wallach attorneys; Flaster, Greenberg, Wallenstein, Roderick, Spirgel, Zuckerman, Skinner & Kirchner, attorneys; Mr. Hill, Mr. Bisgaier and Stephen M. Eisdorfer, on the brief).

Eric M. Bernstein, for defendants, Township of West Windsor and The Township Committee of the Township of West Windsor (Weiner, Lesniak, attorneys).

Gerald J. Muller, for defendant, The Planning Board of the Township of West Windsor (Miller, Porter & Muller, attorneys).

CARCHMAN, A.J.S.C.

In 1973, the Supreme Court of New Jersey recognized the constitutional principle that requires municipalities to open their doors to families of all income levels, thereby barring the use of exclusionary zoning. To implement this mandate, first the courts and then the Legislature established a procedure to identify for each municipality, that number of housing units which represent its "fair share" of low and moderate housing. The test for compliance...

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