Appellate Division Holds Affordable Housing Qualifies as "Inherently Beneficial Use" in Use Variance Applications

November 21, 2009

By: Henry T. Chou, Esq. On August 24, 2009, the Appellate Division issued a decision in Homes of Hope v. Eastampton Land Use Planning Board that makes it harder for municipal land use boards to deny use variance applications by developers seeking to build affordable housing. At issue in the lawsuit was whether a 100% Read More

New Jersey Court Strikes Down "Open Space" Set-Asides

July 15, 2009

New Jersey homebuilders are applauding a unanimous June decision by the state Supreme Court that stops towns from requiring builders and developers to set aside land for open space (or pay a cash fee) as a permitting condition for housing developments. In the cases of New Jersey Shore Builders Association v. Township of Jackson and Read More

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