Venue: |
NJ SC
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Facts: |
Mount Laurel is zoned so that low-income outsiders can't move in (i.e., large lots, minimum square footage). This has a disporportionate impact. |
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Posture: |
This is Mount Laurel II: no substantive action has happened in the last
8 years. |
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Issue: |
Discriminatory land use. |
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Holding: |
Municipal land use regulations that conflict with the general welfare [...] abuse police power and are unconstitutional. |
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Rule: |
We are going to retain jurisdiction in cases where a municipality has not taken action, and supervise effective zoning. |
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Reasoning: |
The public welfare is more than just the community at hand. |
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Dicta: |
We prefer legislative action to judicial action, but apparently nobody is doing anything. We want more than just the lowering of barriers: we want mandatory set-asides. |
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