FSHC v. TOWNSHIP OF CHERRY HILL


802 A.2d 512 (2002)

173 N.J. 393

FAIR SHARE HOUSING CENTER, INC., New Jersey Council of Churches, Camden County Branch of the N.A.A.C.P. and Southern Burlington County Branch of the N.A.A.C.P., Plaintiffs-Appellants, v. TOWNSHIP OF CHERRY HILL, New Jersey and George H. Croft, II, and John W. Croft, III, Trustees Under the Will of John W. Croft, Jr., Defendants-Respondents, and Realen-Turnberry/Cherry Hill, L.L.C., Intervenor-Respondent.

Supreme Court of New Jersey.

Decided August 5, 2002.


Attorney(s) appearing for the Case

Kevin D. Walsh and Peter J. O'Connor, Cherry Hill, argued the cause for appellants.

Ronald C. Morgan, Marlton, argued the cause for intervenor-respondent (Parker, McCay & Criscuolo, attorneys; Mr. Morgan and Kevin D. Sheehan, Cherry Hill, on the briefs).

Susan Jacobucci, Township Solicitor, argued the cause for respondent Township of Cherry Hill.

Allen S. Zeller argued the cause for respondent Township of Cherry Hill Planning Board (Zeller and Bryant, attorneys; Mr. Zeller and Wayne R. Bryant, on the briefs.).

Edwin W. Schmierer argued the cause for amicus curiae New Jersey State League of Municipalities (Mason, Griffin & Pierson, attorneys; Trishka Waterbury, Princeton, and Stuart Koenig, Cedar Grove, on the brief).

William P. Malloy, Deputy Attorney General, submitted a brief on behalf of amicus curiae New Jersey Council on Affordable Housing (David N. Samson, Attorney General of New Jersey, attorney; Douglas K. Wolfson, Assistant Attorney General, of counsel).


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

The protracted history of the exclusionary zoning litigation filed by Fair Share Housing Center, Inc., and other parties (FSHC or plaintiffs) against the Township of Cherry Hill (Township) began in May 1985 after our decisions in Southern Burlington County NAACP v. Mount Laurel Township, 67 N.J. 151, 336 A.2d 713, cert. denied, 423 U...

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