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


803 A.2d 53 (2002)

173 N.J. 502

TOLL BROTHERS, INC., a Delaware Corporation, Plaintiff-Respondent, v. TOWNSHIP OF WEST WINDSOR, a Municipal Corporation of the State of New Jersey located in Mercer County, Mayor and Council of the Township of West Windsor, and the Planning Board of the Township of West Windsor, Defendants-Appellants.

Supreme Court of New Jersey.

Decided August 1, 2002.


Attorney(s) appearing for the Case

Karen L. Cayci and Michael J. Herbert, Princeton, argued the cause for appellants Township of West Windsor and Mayor and Council of the Township of West Windsor (Herbert, Van Ness, Cayci & Goodell, attorneys).

Gerald J. Muller, Princeton, argued the cause for appellant Planning Board of the Township of West Windsor (Miller, Porter & Muller, attorneys).

Carl S. Bisgaier, Cherry Hill, and Henry A. Hill, Jr., Princeton, argued the cause for respondent (Hill Wallack and Flaster Greenberg Wallenstien Roderick Zuckerman Skinner & Kirchner, attorneys; Mr. Hill and Kenneth E. Meiser, on the briefs).

Howard D. Cohen argued the cause for amicus curiae American Planning Association and its New Jersey Chapter (Stern Greenberg & Kilcullen, attorneys).

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

Peter A. Buchsbaum, Woodbridge, argued the cause for amici curiae New Jersey Builders Association and National Association of Home Builders (Greenbaum,

Rowe, Smith, Ravin, Davis & Himmel, attorneys).

Peter J. O'Connor, Albany, NY, argued the cause for amici curiae Southern Burlington County NAACP, Camden County NAACP and Fair Share Housing Development (Mr. O'Connor, attorney; Mr. O'Connor and Kevin D. Walsh, on the brief).

John M. Payne argued the cause for amici curiae Housing and Community Development Network of New Jersey, Coalition for Affordable Housing and the Environment, Association of New Jersey Environmental Commissions, Regional Planning Partnership and New Jersey Future (Ann Alexander, Acting Director, Rutgers Environmental Law Clinic, attorney; Mr. Payne and Susan J. Kraham, on the brief).


The opinion of the Court was delivered by PORITZ, C.J.

This is a second round Mount Laurel exclusionary zoning case brought by Toll Brothers, Inc. (Toll Brothers) against the Township of West Windsor, the Township Committee of the Township of West Windsor, and the Planning Board of the Township of West Windsor (collectively "West Windsor" or the "Township"). Toll Brothers, the owner of a 293 acre tract of land located...

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