NAACP v. Township of Mount Laurel

1975

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.