January 1, 1900

by Thomas F. Carroll, III

Land use regulators in New Jersey have long waged war against housing opportunities. Whether done in the name of “preserving the character” of exclusionary municipalities, environmental protection, protecting open space, or some other justification, regulators have decreased housing opportunities at every possible turn, with enhanced hostility toward housing for families with children.

In January of this year, we saw a significant positive development. In a case brought by Hill Wallack LLP on behalf of the New Jersey Builders Association, the Appellate Division of the Superior Court invalidated the “third round” regulations of the Council on Affordable Housing (COAH) and ordered COAH to adopt constitutional regulations within six months. This was very welcome news, as it is a clear sign that our courts, if not COAH, are willing to take the Mount Laurel doctrine seriously. In this special Atlantic Builders Conference issue of the Quarterly, we write of that decision and its implications.

This issue also contains a number of other articles of interest to builders and others in the real estate industries. For example, we write of the opportunities to be presented through re-use of Fort Monmouth. We also summarize recent legal developments concerning redevelopment opportunities, along with cautioning of potential pitfalls presented by redevelopment, including issues raised by reliance on DEP “no further action” (NFA) letters. Other matters addressed in this issue include those arising in the Highlands Region and the Meadowlands. We also include our annual summary of important cases issued by the courts since the last Atlantic Builders Conference.

Hill Wallack LLP has been representing builders throughout the State of New Jersey since the 1970’s. We have always done so operating out of our main office in Princeton. This past year, we were pleased to join forces with the Atlantic City law firm of Sandson & DeLucry, LLC. We are now well-suited to provide even more efficient legal services to our clients with projects in Atlantic County and throughout southern New Jersey. This issue also contains a more detailed account of that new addition to our firm, and the ways in which it will help us better serve client needs. We are also further extending the provision of our services to Pennsylvania clients through our Pennsylvania offices.

As Land Use Counsel to the New Jersey Builders Association, we keep abreast of the latest legal developments affecting the real estate industries. We hope you find this issue of the Quarterly to be informative and useful, and we look forward to receiving your comments and inquiries.