Laptop Battery When the township and developer Toll Brothers went head to head at the state's highest court in a struggle over affordable housing regulations, lawyers and watchdogs from across the state predicted a ruling could come in a month. That was in late November, and not only has the state Supreme Court failed to rule, it also has accepted two other cases on the so-called "Mount Laurel" guidelines.
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Thinkpad Experts say the delay and decision to hear the two other cases -- one involving arguments that the regulations foster a system that keeps minorities and poor people in cities and away from suburbs -- may indicate the court plans to undertake a sweeping revision of the guidelines.
The Coalition for Affordable Housing and the Environment has long suggested overhauling the current affordable housing rules. We have also suggested using a growth share methodology to enable municipalities to better plan the type and pace of their growth, as long as they include affordable housing as part of it. These rules, however, will not accomplish that goal. Instead, they will promote sprawl, degrade the environment, produce little or no affordable housing and increase the number of lawsuits.
Microsoft "The whole world is speculating on what the Supreme Court is doing," said Henry Hill, who represents Toll and is a prominent lawyer for builders statewide. "They seem to be trolling for Mount Laurel cases. It appears that the Supreme Court is considering a wide range of issues."
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Laptop Computers Those who follow the emotional issue in the state now predict the court will likely issue a collective opinion on the Toll matter, a case recently heard regarding High Bridge and another on the docket regarding Cherry Hill, which all involve affordable housing.
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Laptop Computer But what the justices will address in an opinion and how far they will go to alter the regulations is anybody's guess. The last affordable housing case the Supreme Court accepted was in 1986.
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Desktop Computer Tammy Kendig, a spokeswoman for the courts, will say only that the Toll case is still before the court and there is no expected date when a decision will be reached.
Notebooks It took the courts two years to issue a decision on the second round of affordable housing cases before the court in the early 1980s. That ruling, often referred to as Mount Laurel II, involved six cases.
Lenovo "No one is hoping it will take that long this time," said Michael Herbert, one of West Windsor's lawyers. "But I'm not surprised it hasn't been issued yet because it's such an important public issue."
Hard Drive Affordable housing advocates and lawyers speculate that the court may closely review arguments made by Peter O'Connor, a lawyer for the Fair Share Housing Center and the Camden County and Southern Burlington chapters of the NAACP.
Travelstar O'Connor, who represented one of about 10 groups allowed to argue the Toll case, claims the Mount Laurel guidelines not only aren't providing affordable housing in towns across the state, but are causing racial and economic segregation by keeping poor people in the state's rundown cities.
Gateway "The court is not interested in whether West Windsor had 1,100 units or 800 units," O'Connor said. "They're interested in whether the Mount Laurel doctrine is working. The issues I have raised have been the most troubling."
Laptop Parts In O'Connor's eyes the problem with the guidelines is twofold: First, the state's Council on Affordable Housing (COAH) has set monetary requirements for gaining housing that are too high for the state's poorest residents to meet. Thus, many poor, who are primarily minorities in cities like Trenton, aren't eligible.
Software Second, many suburban towns pay cities like Trenton to accept up to half of their required number of units under regional contribution agreements (RCAs) that are acceptable under state law, but serve to keep most of the residents with the lowest incomes in the city.
Hard Drives "The social goal of Mount Laurel was to help people living in the ghettos get a regional housing opportunity, but unless the Supreme Court changes things, that hasn't happened," said O'Connor, who was one of the lawyers who first brought the issue of affordable housing to the courts in 1975.
Electronics Supreme Court justices questioned O'Connor quite intensely during the Toll hearing and also accepted his appeal for them to hear his case involving Cherry Hill, which is slated to go before the court at the end of April.
Canon While many lawyers and municipal leaders speculate it's O'Connor's arguments that have attracted the court's attention, others hope they're only part of it.
Desktop Pc Ed Schmierer, a lawyer for the New Jersey State League of Municipalities, appealed to the courts during the Toll hearing to eliminate the legal stipulation known as the "builder's remedy," which is used to force towns to maintain a "fair share" of affordable housing.
Desktop Computers The court agreed to review whether lower courts erred in granting Toll a "builders remedy" to permit building a 1,165-unit housing development after determining West Windsor hadn't met its minimum requirement of affordable units as dictated by the state.
Think Pad A "builder's remedy" can be granted by a court if a developer wanting to build affordable units shows that a municipality has not satisfied its affordable housing quotas.
Repair Schmierer, who fully supports RCAs, said he is optimistic the courts will eliminate the builder's remedy when they complete their review of all three cases.
Data Recovery Schmierer will also give arguments in the Cherry Hill case, which centers around contributions that developers are required to make under the law to support local efforts to provide affordable housing.
Cisco Neither Schmierer nor O'Connor testified in the High Bridge case, which involved more technical issues regarding sewers for a development.
Keyboard "We're hoping they will comment that the builder's remedy has backfired in many instances," Schmierer said. "We're also hoping they'll reaffirm that developer's fees can be collected and RCAs entered into.
Monitor "It is a darn shame if the court was to void or look negatively on development fees or RCA agreements. Some real sticks and bricks would not have been built without these concepts."
Desktop John Payne, a lawyer from the Rutger's University Environmental Law Clinic, said he also hopes the court will eliminate the builder's remedy. Payne represented six environmental, housing and planning groups during the Toll hearing.
Infosys "We also urged them to update and be a little more explicit about how the new state plan should relate to the Mount Laurel doctrine," Payne said.
Refurbished Laptops According to Hill, the court has written to the state requesting additional information about the regulations, but it's unclear where the justices are heading.
Wipro "They're looking at some very broad issues that have very little to do with Toll," he said.
Lap Top Meanwhile, the holdup leaves the proposed "Estates at Princeton Junction" a big wild card for West Windsor and the West Windsor-Plainsboro Regional School District as both entities attempt to plan for traffic and population changes that would come along with construction.
Refurbished "Whatever Toll is going to be doing definitely will have an impact on West Windsor," said Mayor Shing-Fu Hsueh. "It's not going to be as easy to think about exactly what we can or can not do in terms of planning. But we still need to move forward."
Memory By Karen Ayres
Trenton Times - 3/20/2002
Topic: Sprawl
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