Court Establishes Affordable Housing Obligations for West Windsor and Princeton

Mercer County Superior Court Judge Mary Jacobson issued a 217 page decision and order on March 8, 2018 establishing the methodology and fair share affordable housing obligations for Princeton and West Windsor Township’s Third Round housing cycle. The decision follows a 40-day trial that took place between January and June of 2017. Municipalities around the […]

The New Jersey Supreme Court Issues Its Gap Period Decision

On January 18, 2017, the New Jersey Supreme Court held that municipalities do have an obligation to satisfy the unmet affordable housing obligations arising from 1999 through 2015, the so-called “gap period.”   In a decision that will be hailed as a victory for affordable housing advocates and developers, and a loss for municipalities, the Court […]

COURT REJECTS AUTOMATIC APPLICATION OF “TIME OF FILING” RULE IN BUILDER’S REMEDY LITIGATION

Developers who bring builder’s remedy lawsuits under New Jersey’s Mount Laurel doctrine often cite the so-called “time of filing” rule.  The contention is that in determining whether a municipality is compliant with its affordable housing obligations, the court must base its decision on the zoning ordinances in effect at the time the developer initially filed […]

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