How does a municipality succeed in a builder’s remedy lawsuit?

A municipality can win a builder's remedy lawsuit by proving that it has satisfied its Mount Laurel obligation voluntarily by adopting zoning that provides a realistic opportunity for the construction of the municipality's fair share of the region's affordable housing needs. Randolph is part of a four-county region comprised of Morris, Union, Essex, and Warren counties. Barring that defense, it is not an overstatement to say that over the course of judicial history, since the builder's remedy was created by the New Jersey Supreme Court in 1983 (Mount Laurel II), it is nearly impossible to find a New Jersey municipality that prevailed in a builder's remedy lawsuit. When a builder's remedy is granted, the municipality is left paying its own attorney's and other professionals' fees, the fees of the court-appointed Special Master, as well as in many cases, the attorney's fees of the developer and all infrastructure improvements such as sewer and water system upgrades and road improvements, required by the court-imposed development plan. The municipality also loses virtually all zoning and development regulation control, including density, height, setbacks, and landscaping.

Show All Answers

1. Is Randolph required to participate in the process?
2. Who is Randolph’s Adversary in Court?
3. What is Randolph’s obligation for affordable housing and its plan for fulfillment?
4. What is a Builder’s Remedy lawsuit and how does it function?
5. How does a municipality succeed in a builder’s remedy lawsuit?
6. How do we protect the township from a Builder Remedy Lawsuit?
7. Why can’t the township object to allowing new housing to be built based upon the impact such housing will have on our local school system and on traffic congestion?