IN RE ADOPTION OF HOUS. ELEMENT.

DOCKET NO. L-3365-15, DOCKET NO. L-3878-15, DOCKET NO. L-3944-15, DOCKET NO. L-3994-15, DOCKET NO. L-3997-15, DOCKET NO. L-4007-15, DOCKET NO. L-4010-15, DOCKET NO. L-4013-15

131 A.3d 961 (2015)

444 N.J. Super. 163

In the Matter of the ADOPTION OF the HOUSING ELEMENT FOR the TOWNSHIP OF MONROE and the Fair Share Plan and Implementing Ordinances. In the Matter of the Adoption of the Housing Elements for the Township of South Brunswick and the Fair Share Plan and Implementing Ordinances. In the Matter of the Adoption of the Housing Elements for the Township of Edison and the Fair Share Plan and Implementing Ordinances. In the Matter of the Adoption of the Housing Elements for the Borough of South Plainfield and the Fair Share Plan and Implementing Ordinances. In the Matter of the Adoption of the Housing Elements for the Township of Old Bridge and the Fair Share Plan and Implementing Ordinances. In the Matter of the Adoption of the Housing Elements for the Township of Plainsboro and the Fair Share Plan and Implementing Ordinances. In the Matter of the Adoption of the Housing Elements for the Borough of Sayreville and the Fair Share Plan and Implementing Ordinances. In the Matter of the Adoption of the Housing Elements for the Township of East Brunswick and the Fair Share Plan and Implementing Ordinances.

Superior Court of New Jersey, Law Division, Middlesex County.

Decided October 5, 2015.


Attorney(s) appearing for the Case

Marguerite Schaffer (Shoran, Schaffer & Rafanello, P.C., Bernardsville, attorneys), and Jerome Convery, Old Bridge, for the Township of Monroe.

Donald J. Sears for the Township of South Brunswick.

Leslie G. London , Newark, for the Township of Edison (McManimon Scotland & Baumann, attorneys).

Steven A. Kunzman for the Township of East Brunswick, the Township of Old Bridge, and the Borough of South Plainfield (DiFrancesco Bateman, Kunzman, Davis, Lehrer & Flaum, P.C., Warren, attorneys).

Michael W. Herbert of the Township of Plainsboro (Herbert, Van Ness Cayci & Goodell, P.C., Princeton, attorneys).

Lawrence B. Sachs , East Brunswick, for the Borough of Sayreville.

Stephen M. Eisdorfer and Thomas F. Carroll, III for Intervenor Monroe 33 Developers LLC (Hill Wallack LLP, Princeton, attorneys).

Kenneth D. McPherson, Jr. for Intervenor South Brunswick Center, LLC (Waters, McPherson, McNeill, P.C., Secaucus, attorneys).

Robert A. Kasuba for Intervenor Tices Developers, LLC (Bisgaier Hoff, Haddonfield, attorneys).

Kevin D. Walsh , Cherry Hill , and Adam Gordon for Intervenor Fair Share Housing Center, Inc.

Henry Kent-Smith for Intervenor Richardson Fresh Ponds and Princeton Orchard Associates (Fox, Rothschild, Lawrenceville, attorneys).


I. Statement Of The Case

Following the Supreme Court's decision in In re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1, 110 A.3d 31 (2015), (hereinafter "Mount Laurel IV"), several municipalities moved...

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