January 1, 1900

by Henry A. Hill

A we discuss in this Special Atlantic Builders Convention Edition of the Quarterly, the past year has already produced many legal developments of interest to those in the real estate development industries. As we go to press, we also await the New Jersey Supreme Court's issuance of an opinion in the first exclusionary zoning case the Court has heard in 15 years, and the new Governor's announcements regarding his administration's housing and land use policies.

The Supreme Court heard oral argument in Toll Brothers, Inc. vs. Township of West Windsor on November 27, 2001, and the Court is currently considering whether the trial court and the Appellate Division erred when they granted Toll Brothers a Mount Laurel builder's remedy allowing Toll to build 1,175 housing units in West Windsor. The League of Municipalities, the Camden and Burlington County NAACPs, the American Planning Association and a coalition of environmental and planning groups were all allowed to intervene in the case. They argued for myriad changes in the Mount Laurel doctrine, with some arguing for the abolition of the builder's remedy.

The Supreme Court has also agreed to hear two additional cases involving Mount Laurel issues, an indication that the Court is interested in reviewing the Mount Laurel doctrine and perhaps modifying it. It is estimated that the doctrine has been responsiblefor the construction of between 30,000-35,000 affordable units in New Jersey, along with well in excess of 100,000 market units.

Governor James E. McGreevey took office on January 15, 2002, and he has just completed the selection of his cabinet as we go to press. While his primary concern to date has been dealing with the huge prospective budget deficit, he promised, during his campaign, new directions for state policies in the areas of land use, housing and the environment. We will undoubtedly see those new policies unfold in the months and years ahead.

At Hill Wallack, we pride ourselves on giving our land use clients the best practical advice we can based upon the most recent legal developments. We also keep our clients on top of such matters as they develop through the use of bulletins and updates, including the use of our website-www.hillwallack.com. We welcome the opportunity to share the contents of this Quarterly with our readers, and we look forward to keeping our clients up-to-date in the ever-changing world of land use law.

Henry A. Hill is a senior partner of Hill Wallack. He is head of the firm's Land Use Division and partner-in charge of the Division's Land Use Litigation Practice Group. A recognized national expert in the field of land use law, he is a past-Chair of the New Jersey State Bar Association's Land Use Section.