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MORRIS CTY. FAIR HOUS. COUNCIL v. BOONTON TP.

209 N.J. Super. 393 (1985)

507 A.2d 768

MORRIS COUNTY FAIR HOUSING COUNCIL, MORRIS COUNTY BRANCH OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE AND STANLEY C. VAN NESS, PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. BOONTON TOWNSHIP, CHATHAM TOWNSHIP, CHESTER TOWNSHIP, DENVILLE TOWNSHIP, EAST HANOVER TOWNSHIP, FLORHAM PARK BOROUGH, HANOVER TOWNSHIP, HARDING TOWNSHIP, JEFFERSON TOWNSHIP, KINNELON BOROUGH, LINCOLN PARK BOROUGH, MADISON BOROUGH, MENDHAM BOROUGH, MENDHAM TOWNSHIP, MONTVILLE TOWNSHIP, MORRIS TOWNSHIP, MORRIS PLAINS BOROUGH, MOUNTAIN LAKES BOROUGH, MOUNT OLIVE TOWNSHIP, PARSIPPANY-TROY HILLS TOWNSHIP, PASSAIC TOWNSHIP, PEQUANNOCK TOWNSHIP, RANDOLPH TOWNSHIP, RIVERDALE BOROUGH, ROCKAWAY TOWNSHIP, ROXBURY TOWNSHIP AND WASHINGTON TOWNSHIP, DEFENDANTS. AFFORDABLE LIVING CORPORATION, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF DENVILLE, DEFENDANT. ANGELO CALI, PLAINTIFF, v. THE TOWNSHIP OF DENVILLE, IN THE COUNTY OF MORRIS; A MUNICIPAL CORPORATION OF NEW JERSEY, THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE, AND THE PLANNING BOARD OF THE TOWNSHIP OF DENVILLE, DEFENDANTS. SIEGLER ASSOCIATES, A PARTNERSHIP EXISTING UNDER THE LAWS OF THE STATE OF NEW JERSEY, PLAINTIFF, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF DENVILLE, DEFENDANT. MAURICE SOUSSA AND ESTHER H. SOUSSA, PLAINTIFF, v. THE TOWNSHIP OF DENVILLE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, SITUATE IN MORRIS COUNTY, AND THE DENVILLE TOWNSHIP PLANNING BOARD, DEFENDANTS. STONEHEDGE ASSOCIATES, PLAINTIFF, v. THE TOWNSHIP OF DENVILLE, IN THE COUNTY OF MORRIS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF DENVILLE & THE PLANNING BOARD OF THE TOWNSHIP OF DENVILLE, DEFENDANTS. JOHN G. VAN DALEN, ON HIS OWN BEHALF AND AS CO-TRUSTEE WITH JOHN P. CHESTER OF CHESTER AND VAN DALEN ASSOCIATES, INC., EMPLOYEES' RETIREMENT TRUST AND CHESTER AND VAN DALEN ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFFS, v. WASHINGTON TOWNSHIP, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, LOCATED IN MORRIS COUNTY, NEW JERSEY, DEFENDANT. RANDOLPH MOUNTAIN INDUSTRIAL COMPLEX, A NEW JERSEY PARTNERSHIP, PLAINTIFF, v. THE BOARD OF ADJUSTMENT OF THE TOWNSHIP OF RANDOLPH AND THE TOWNSHIP OF RANDOLPH, A MUNICIPAL CORPORATION OF THE COUNTY OF MORRIS, STATE OF NEW JERSEY, DEFENDANTS. ROBERT E. RIVELL, PLAINTIFF, v. TOWNSHIP OF TEWKSBURY, A MUNICIPAL CORPORATION LOCATED IN HUNTERDON COUNTY, NEW JERSEY, DEFENDANT. ESSEX GLEN, INC., PLAINTIFF, v. MAYOR AND COUNCIL OF THE BOROUGH OF ROSELAND AND THE BOROUGH OF ROSELAND, DEFENDANTS.

Superior Court of New Jersey, Law Division, Morris County/Middlesex County (Mount Laurel II Litigation).

Decided October 28, 1985.

Attorney(s) appearing for the Case

Stephen Eisdorfer, Assistant Deputy Public Advocate, for plaintiff Morris County Fair Housing Council et al. (Alfred E. Slocum, Acting Public Advocate, attorney).

Arthur Penn for plaintiff Affordable Living Corporation.

Dennis A. Murphy for plaintiff Angelo Cali (Harkavy, Goldman, Goldman and Caprio, attorneys).

Douglas K. Wolfson and Jeffrey R. Surenian for plaintiffs Siegler Associates and Essex Glen, Inc. (Greenbaum, Rowe, Smith, Ravin, Davis and Bergstein, attorneys).

Barney K. Katchen for plaintiffs Maurice Soussa and Esther H. Soussa (Citrino, Balsam, DiBiasi and Daunno, attorneys).

Guliet D. Hirsch for plaintiff Stonehedge Associates (Brener, Wallack and Hill, attorneys).

Carl S. Bisgaier for plaintiffs John G. Van Dalen and Van Dalen Associates, Inc. (Bisgaier and Pancotto, attorneys).

Richard T. Sweeney for plaintiff Randolph Mountain Industrial Complex (Sears, Pendleton, and Sweeney, attorneys).

Thomas J. Beetel for plaintiff Robert E. Rivell.

Edward J. Boccher, Deputy Attorney General, for intervenor State of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Michael R. Cole, First Assistant Attorney General and Deborah T. Poritz, Deputy Attorney General, of counsel; Michael J. Hass, Christine Steinberg and Nancy B. Stiles, Deputy Attorneys General, on the brief).

Stephen C. Hansbury for defendant Township of Denville (Harper and Hansbury, attorneys).

Alfred J. Villoresi and Debra K. Donnelly for defendant Washington Township (Villoresi and Jansen, attorneys).

Edward J. Buzak for defendant Township of Randolph.

Richard Dieterly for defendant Township of Tewksbury (Gebhardt and Kiefer, attorneys; Sharon Handrock Moore on the brief).

Alan Schussel for defendant Borough of Roseland (Shanahan and Schussel, attorneys).

Lewis Goldshore for amicus curiae Shongum Union Hill Civic Association (Goldshore and Wolf, attorneys).

                           Outline of Opinion

                                                                        Page

  Introduction ......................................................... 401

  I.  Constitutionality of the Fair Housing Act ........................ 403

      A.  Background: The Mount Laurel Doctrine and the Legislative
          Response ......................................................

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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