Legal Opinion

Arc of New Jersey, Inc. v. State of NJ

District Court, D. New Jersey

Decided December 31, 1996No. Civil Action 93-1399PublishedCited by 15 opinions

1Opinion of the Court

OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

BROTMAN, District Judge:

Over two years ago another Judge of this Court, the Honorable Harold A Ackerman, U.S.D.J., determined that certain provisions of a New Jersey zoning enabling statute violated the nation’s Fair Housing Amendments Act of 1988 (the “FHAA”). The FHAA prohibits discrimination in housing against persons with handicaps. Judge Ackerman declared the State’s enabling provisions invalid to the extent they permitted municipalities to enact zoning ordinances which violated the FHAA in their discrimination against developmentally disabled…

2Cases cited22 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Trafficante v. Metropolitan Life InsuranceSupreme Court of the United States · 1972
  5. Alvaro Quiroga v. Hasbro, Inc. And Playskool Baby, IncCourt of Appeals for the Third Circuit · 1991

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3Cited by15 opinions

  1. Assisted Living Associates of Moorestown, L.L.C. v. Moorestown TownshipDistrict Court, D. New Jersey · 1998
  2. United States v. BranellaDistrict Court, D. New Jersey · 1997
  3. Dr. Gertrude A. Barber Center, Inc. v. Peters TownshipDistrict Court, W.D. Pennsylvania · 2003
  4. Sharpvisions, Inc. v. Borough of PlumDistrict Court, W.D. Pennsylvania · 2007
  5. New Jersey Coalition of Rooming and Boarding House Owners Louis Cook John E. Brown Leonard Levy Carol Wise Brenda Copeland Michael Byrne Beverly Deming Eugene Hodas v. Mayor and Council of the City of Asbury Park the City of Asbury Park, a Municipal Corporation of the State of New Jersey Mayor and Council of the Township of Neptune the Township of Neptune, a Municipal Corporation of the State of New Jersey Mayor and Council of Keansburg Borough of Keansburg, a Municipal Corporation of the State of New Jersey, Mayor and Council of the City of Asbury Park the City of Asbury Park, Defendants/third-Party v. State of New Jersey, Third-PartyCourt of Appeals for the Third Circuit · 1998

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