Court: |
NJ Supreme Court |
|
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. |
|
Posture: |
Trial court says the city is being selective about growth through
zoning. Town appeals. |
|
Issue: |
Does the zoning unlawfully exclude low and moderate income families? |
|
Holding: |
Yes. |
|
Rule: |
A city can't forclose the opportunity of moving in to whole classes
of people. They need to devote a "fair share" to regular folks'
housing. |
|
Reasoning: |
A zoning regulation must promote the health, public morals, etc.
If it doesn't, it's unlawful. Especially if it disproportionately
affects protected classes. |
|
Dicta: |
Many suburbs have failed to learn the lesson of cultural pluralism. |