Southern Burlington County NAACP v. Township of Mt. Laurel II

1983

Venue: NJ SC

Facts: After Mt. Laurel I, not much changed. There was litigation over "developing" and "fair share," and all manner of procedural tactics to delay or block litigation.

Posture: Lots of cases, but little progress.

Issue: Same as before, really.

Holding: We are taking over.

Rule: The general welfare outweighs that of an individual municipality.

Reasoning: We are taking over. Special experts, a dedicated set of judges, specific remedies, limitations on appeal, etc.

This is going to be a huge drain, but it's going to get us closer to what we had in mind. Also, legislature, you could act.


Dicta: