Southern Burlington NAACP v. Township of Mount Laurel

1983

Court: NJ Supreme Court

Facts: Same as last tie. Nothing has changed.

Posture: Presumably a new action came along, but it is not noted.

Issue: Same.

Holding: Municipal land use regulations that conflict with the general welfare [...] abuse police power and are unconstitutional.

Rule: We are going to retain jurisdiction in cases where a municipality has not taken action, and supervise effective zoning.

Reasoning: The public welfare is more than just the community at hand.

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.