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. |