Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., ___ N.J.  Super. ___ (App. Div. 2017).  The Municipal Land Use Law (“MLUL”), in N.J.S.A. 40:55D-10.5, contains a “time of application rule” that determines what ordinance governs a land use development application.  Under that provision, regulations that are in effect “on the date of submission of an application for development” will apply.  But what qualifies a submission to a p

Today is inauguration day for Donald Trump.  He and his designee to head the Department of Housing and Urban Development, Dr. Ben Carson, might take a lesson from a decision issued on this date in 1983 by a unanimous Supreme Court of New Jersey.  That opinion is Southern Burlington Cty. NAACP v. Mount Laurel Tp., 92 N.J. 158 (1983), otherwise known as Mount Laurel II (Mount Laurel I having been decided in 1976, as discussed here).

Among other things, the opinion in Mount Laurel II

In re Declaratory Judgment Actions Filed by Various Municipalities, ___ N.J. ___ (2017).  In the Appellate Division decision in this case, reported at 446 N.J. Super. 259 (App. Div. 2016), and discussed here, the panel faced the question of whether a municipality’s affordable housing need for the period of 1999-2015 (a time when the Council on Afford