| Venue: | NJ SC |
| Facts: | Mt. Laurel zones to keep out the poor. Higher density housing and more children means increased drain on services, mandating more taxes. So it's total self-interest. |
| Posture: | Trial court found the zoning was unlawful. |
| Issue: | Can a developing municipality zone in such a way that it is either physically or commercially impossible to provide low or moderate income housing, and thereby exclude people? |
| Holding: | No: every municipality must take its fair share. |
| Rule: | Municipalities must affirmatively provide opportunities; unintentional exclusion is just as bad as intentional. |
| Reasoning: | This is a constitutional issue. Zoning power is a delegation of the police power, and therefore must be exercised for the general welfare of the citizens. There might be some exceptional circumstances owing to environmental factors, e.g. |
| Dicta: | |