HOMES OF HOPE v. EASTAMPTON TP.

Docket No. A-5551-07T2

976 A.2d 1128 (2009)

409 N.J. Super. 330

HOMES OF HOPE, INC., Plaintiff-Respondent, v. EASTAMPTON TOWNSHIP LAND USE PLANNING BOARD, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 24, 2009.


Attorney(s) appearing for the Case

Christopher J. Norman, Medford, argued the cause for appellant (Norman, Kingsbury & Norman attorneys; Mr. Norman, on the brief).

Patrick F. McAndrew, Medford, argued the cause for respondent.

Carl S. Bisgaier, Cherry Hill, argued the cause for amicus curiae Fair Share Housing Center (Flaster/Greenberg P.C., attorneys; Mr. Bisgaier, on the brief).

Before Judges WINKELSTEIN, GILROY and CHAMBERS.


The opinion of the court was delivered by

WINKELSTEIN, P.J.A.D.

The issue presented is whether affordable housing continues to constitute an inherently beneficial use for purposes of obtaining a use variance, N.J.S.A. 40:55D-70d(2), after the municipality in which the property is located has met its fair share obligation under the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329.19, and its concomitant regulations. We conclude that a municipality...

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