Laptop Battery A quarter-century after declaring the poor had a right to live anywhere in New Jersey, the state Supreme Court yesterday upheld its controversial series of Mount Laurel decisions, dealing a blow to opponents who argued the policy fuels suburban sprawl.
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Thinkpad A new generation of justices ruled that a major developer could build a large-scale residential complex in Mercer County against the will of local officials, who argued Mount Laurel affordable housing rules left them powerless to fight unwanted development.
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Microsoft The decision provoked an angry response from Gov. James E. McGreevey, who said Mount Laurel has repeatedly been used by builders to win approvals of massive housing developments that are changing the state's landscape.
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Laptop Computers Builders and housing advocates, who had anxiously watched the first review of Mount Laurel in 16 years, reacted with relief.
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Laptop Computer "It sends the message to the judicial system that the Mount Laurel doctrine is to be enforced," said Henry Hill, an attorney for Toll Brothers, the developer seeking to build 1,165 townhouses, apartments and single-family homes in West Windsor.
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Desktop Computer The case was watched closely not only by builders and housing advocates, but many municipalities that are wrestling with questions of development. Many observers thought that the seven justices -- all appointed by two conservative governors critical of Mount Laurel -- might turn back the clock.
Notebooks The most significant aspect of the ruling deals with the "builder's remedy," which allows developers to build more houses on less land if they set aside some units for low- and middle-income families.
Lenovo The builder's remedy was devised by the court in its 1983 Mount Laurel II decision to punish recalcitrant towns shutting their doors to housing for the poor -- a ruling that continues to be fiercely opposed by local officials. The state League of Municipalities had joined the case asking the court to abolish the builder's remedy.
Hard Drive "In many cases, the developer literally institutes litigation to coerce a municipality to accept wrong, ill-suited development," McGreevey said. "After a developer ravages a municipality, he then develops a moral purpose, is imbued by the Holy Spirit, and argues that affordable housing is needed."
Travelstar After the ruling, the Governor yesterday called on the state Legislature to make changes in the affordable housing system so things aren't weighted against towns.
Gateway "The decision is a major setback to efforts to contain suburban sprawl," said Michael Herbert Sr., an attorney for West Windsor, the town that lost the suit. "It means that if a well-funded developer wants to, he can beat a town into submission. Today it is West Windsor; tomorrow it's liable to be dozens of other municipalities across New Jersey."
Laptop Parts Lawyers said Toll Brothers hopes to swiftly move forward toward construction on the 300-acre site, which has been the center of a legal battle dating back to the 1980s. The court noted that West Windsor approved thousands of other upscale units during that period, but balked when Toll Brothers mentioned affordable housing.
Software The court said West Windsor and countless other towns have brought woes on themselves by failing to seek protections from the Council on Affordable Housing. That state agency was created by the Legislature in 1985 to end the housing wars. Towns with COAH-approved affordable housing plans are immune from builder lawsuits.
Hard Drives "If municipalities believe, as the League of Municipalities contends, that the builder's remedy has become a developer's weapon, it is the municipalities that possess the shield of COAH-afforded protection to ward off builder's remedy litigation," Chief Justice Deborah Poritz wrote.
Electronics The justices also voiced skepticism that Mount Laurel causes sprawl. They accepted the arguments of one expert who noted it resulted in just 26,000 affordable units -- a number critics note was amplified by the builder's remedy -- and had nothing to do with millions of square feet of commercial development built over the years.
Canon Builders applauded the ruling and said it gives them a chance to build homes for middle-class families in a state with spiraling housing costs.
Desktop Pc K. Hovnanian Cos., the state's largest residential builder, said the court ruling enforces the obligation of towns "to provide homes for people in government service, retail industries, and workers on assembly lines and job sites. These are the people for whom Mount Laurel homes are built."
Desktop Computers All seven justices agreed to uphold the tenets of Mount Laurel, but two justices, including the only one on the bench when the last Mount Laurel decision was issued, filed a separate opinion raising questions about the builder's remedy.
Think Pad The court dealt a blow to a number of interested parties -- ranging from civil rights groups concerned about the poor to environmentalists and planning advocates, who argued there was a better way to get the housing built without chewing up so much land.
Repair Those groups asked the court to consider the fact that the Mount Laurel decisions have failed to provide housing for the lowest-income people. They also argued that COAH-approved deals that allow towns to transfer their housing obligations to more urban areas at roughly $25,000 a unit were fostering segregation.
Data Recovery In an unusual alliance, groups battling sprawl supported the core tenets of Mount Laurel but argued that the builder's remedy has been abused. They said greater participation by nonprofits and a relaxation of COAH guidelines could allow rural places that don't want to grow that flexibility.
Cisco "We shouldn't have to choose between protecting the environment and affordable housing," said Barbara Lawrence, director of New Jersey Future, a member of the coalition. "Yet, too often, today's system pits these two important goals against each other."
Keyboard The Coalition for Affordable Housing and the Environment issued a separate statement saying it was pleased the court upheld the tenets of Mount Laurel and that the justices noted the possibility of incorporating affordable housing into good planned development.
Monitor Spokesman Paul Chrystie conceded in an interview that the group was hopeful that COAH would make adjustments in a long-overdue revision of its regulations that would reduce building pressures on rural places.
Desktop Not all members of the coalition were so diplomatic.
Infosys "The decision is quite disturbing," said Jim Gilbert, a board member of New Jersey Future and former chairman of the state Planning Commission. "It's a perfect sign that the system is broken."
Refurbished Laptops By Steve Chambers
Star-Ledger - 8/2/2002
Topic: Sprawl
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