Sabo v. Monroe Township

In each of the three cases which, although separately submitted, are being decided today, the plaintiffs seek to use land zoned single family residence (Sabo and Nickola) or agricultural (Smookler) to construct a mobile-home park.

I write separately because I do not agree, in Nickola 1 and Smookler; 2 that on proof that a community has excluded a legitimate use, here mobile-home parks, it necessarily becomes obliged to grant a request for rezoning to permit that use. The land sought to be rezoned may not be suitable for development for the excluded use. In Sabo I do not agree that the failure…