Dunbar Homes, Inc. v. Franklin Tp. Bd. of Adj., 448 N.J. Super. 583 (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 pla

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, 227 N.J. 508 (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