Toll Bros. v. Township of West Windsor

CARCHMAN, A.J.S.C.

In 1973, the Supreme Court of New Jersey recognized the constitutional principle that requires municipalities to open their doors to families of all income levels, thereby barring the use of exclusionary zoning. To implement this mandate, first the courts and then the Legislature established a procedure to identify for each municipality, that number of housing units which represent its “fair share” of low and moderate housing. The test for compliance was stated simply — provide developers with a realistic opportunity to construct housing for low and moderate income families.…