URBAN LEAGUE OF GREATER NEW BRUNSWICK, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY; CLEVELAND BENSON; JUDITH CHAMPION; LYDIA CRUZ; BARBARA TIPPETT; KENNETH TUSKEY ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
THE MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF CRANBURY; MAYOR AND COUNCIL OF THE BOROUGH OF DUNELLEN; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EAST BRUNSWICK; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EDISON; MAYOR AND COUNCIL OF THE BOROUGH OF HELMETTA; MAYOR AND COUNCIL OF THE BOROUGH OF HIGHLAND PARK; MAYOR AND COUNCIL OF THE BOROUGH OF JAMESBURG; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MADISON; MAYOR AND COUNCIL OF THE BOROUGH OF METUCHEN; MAYOR AND COUNCIL OF THE BOROUGH OF MIDDLESEX; MAYOR AND COUNCIL OF THE BOROUGH OF MILLTOWN; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MONROE; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF NORTH BRUNSWICK; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PISCATAWAY; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF PLAINSBORO; MAYOR AND COUNCIL OF THE BOROUGH OF SAYREVILLE; MAYOR AND COUNCIL OF THE CITY OF SOUTH AMBOY; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF SOUTH BRUNSWICK; MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD; MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH RIVER; MAYOR AND COUNCIL OF THE BOROUGH OF SPOTSWOOD; TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WOODBRIDGE, DEFENDANTS AND THIRD-PARTY PLAINTIFFS,
v.
CITY OF NEW BRUNSWICK AND CITY OF PERTH AMBOY, THIRD-PARTY DEFENDANTS, AND NEW JERSEY LEAGUE OF WOMEN VOTERS AND MIDDLESEX COUNTY LEAGUE OF WOMEN VOTERS, INTERVENORS.
Superior Court of New Jersey, Chancery Division.https://leagle.com/images/logo.png
Decided May 4, 1976.
Decided May 4, 1976.
Attorney(s) appearing for the Case
Ms. Marilyn J. Morheuser and Mr. Martin E. Sloane, of the New York bar, admitted pro hac vice, and Mr. Daniel A. Searing, of the Maryland bar, admitted pro hac vice, for plaintiffs (Messrs. Baumgart and Ben-Asher, attorneys).
Mr. Peter J. Selesky for defendant Mayor and Council of the Borough of Carteret.
Mr. William C. Moran, Jr. for defendant Township Committee of the Township of Cranbury.
Mr. Dennis J. Cummins, Jr. for defendant Mayor and Council of the Borough of Dunellen.
Mr. Bertram E. Busch for defendant Township Committee of the Township of East Brunswick.
Mr. Roland A. Winter for defendant Township Committee of the Township of Edison.
Mr. Richard F. Plechner for defendant Mayor and Council of the Borough of Helmetta.
Mr. Lawrence Lerner for defendant Mayor and Council of the Borough of Highland Park.
Mr. Guido J. Brigiani for defendants Mayor and Council of the Borough of Jamesburg and Mayor and Council of the Borough of Spotswood.
Mr. Louis J. Alfonso for defendant Township Committee of the Township of Madison (Old Bridge).
Mr. Martin A. Spritzer for defendant Mayor and Council of the Borough of Metuchen.
Mr. Edward J. Johnson, Jr. for defendant Mayor and Council of the Borough of Middlesex.
Mr. Charles V. Booream for defendant Mayor and Council of the Borough of Milltown.
Mr. Thomas R. Farino, Jr. for defendant Township Committee of the Township of Monroe.
Mr. Joseph H. Burns and Mr. Leslie S. Lefkowitz for defendant Township Committee of the Township of North Brunswick.
Mr. Daniel S. Bernstein for defendant Township Committee of the Township of Piscataway.
Mr. Joseph L. Stonaker for defendant Township Committee of the Township of Plainsboro.
Mr. Alan J. Karcher for defendant Mayor and Council of the Borough of Sayreville.
Mr. John J. Vail for defendant Mayor and Council of the City of South Amboy.
Mr. Andre W. Gruber for defendant Township Committee of the Township of South Brunswick.
Mr. Sanford E. Chernin for defendant Mayor and Council of the Borough of South Plainfield.
Mr. Robert C. Rafano and Mr. Gary M. Schwartz for defendant Mayor and Council of the Borough of South River.
Mr. Arthur W. Burgess and Mr. Barry H. Shapiro for defendant Township Committee of the Township of Woodbridge.
Mr. Gilbert L. Nelson for third-party defendant City of New Brunswick.
Mr. Frank J. Jess for third-party defendant City of Perth Amboy.
Mr. William J. O'Shaughnessy for intervenors (Messrs. Clapp & Eisenberg, attorneys).
Superior Court of New Jersey, Chancery Division.
FURMAN, J.S.C.
Plaintiffs attack the zoning ordinance of 23 of the 25 municipalities of Middlesex County as unconstitutionally exclusionary and discriminatory. Third-party complaints against the cities of New Brunswick and Perth Amboy were dismissed after trial. The remedy sought by plaintiffs is an allocation to each municipality of its fair share of low and moderate-income housing to meet the countywide need. Plaintiffs rely on So. Burl. Cty. N.A.A.C.P. v. Mt...
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