336 A.2d 713 (N.J. 1975), Southern Burlington County N.A.A.C.P. v. Mount Laurel Tp.

Citation:336 A.2d 713, 67 N.J. 151
Opinion Judge:[11] Hall
Party Name:SOUTHERN BURLINGTON COUNTY N.A.A.C.P. et al.,Plaintiffs-Respondents and Cross- Appellants, and Ethel Lawrence et al., Plaintiffs-Respondents, v. TOWNSHIP OF MOUNT LAUREL, Defendant-Appellant and Cross-Respondent.
Attorney:[6] Mr. John W. Trimble argued the cause for defendant-appellant and cross-respondent (Messrs. Higgins, Trimble & Master, attorneys; Mr. Peter R. Thorndike, on the brief).
Case Date:March 24, 1975
Court:Supreme Court of New Jersey
 
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Page 713

336 A.2d 713 (N.J. 1975)

67 N.J. 151

SOUTHERN BURLINGTON COUNTY N.A.A.C.P. et

al.,Plaintiffs-Respondents and Cross- Appellants,

and

Ethel Lawrence et al., Plaintiffs-Respondents,

v.

TOWNSHIP OF MOUNT LAUREL, Defendant-Appellant and Cross-Respondent.

Supreme Court of New Jersey.

March 24, 1975

Argued Jan. 8, 1974.

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[67 N.J. 157] John W. Trimble, Turnersville, for defendant-appellant and cross-respondent (Higgins, Trimble & Master, Turnersville, attorneys; Peter R. Thorndike, Camden, on the brief).

Carl S. Bisgaier of Camden Regional Legal Services, Inc., Camden, for plaintiffs-respondents and cross-appellants (Kenneth E. Meiser and Peter J. O'Connor, Camden, on the brief).

Norman Williams, Jr., Newark, for amicus curiae The Public Interest Research Group of N.J.

Melville D. Miller, Jr., Trenton, for amicus curiae Legal Services Housing Task Force, N.J. State Office of Legal Services.

The opinion of the Court was delivered by

HALL, J.

This case attacks the system of land use regulation by defendant Township of Mount Laurel on the ground that low and moderate income families are thereby unlawfully excluded from the municipality. The trial court so found, 119 N.J.Super. 164, 290 A.2d 465 (Law Div.1972), and declared the township zoning ordinance totally invalid. Its judgment went on, in line with the requests for affirmative relief, to order the municipality to make studies of the housing needs of low and moderate income persons presently or formerly residing in the community in substandard housing, as well as those in such income classifications presently employed in the township and living elsewhere or reasonably expected to be employed therein in the future, and to present a plan of affirmative public action designed 'to enable [67 N.J. 158] and encourage the satisfaction of the indicated needs.' Jurisdiction was retained for judicial consideration and approval of such a plan and for the entry of a final order requiring its implementation.

The township appealed to the Appellate Division and those plaintiffs, not present or former residents, cross-appealed on the basis that the judgment should have directed that the prescribed plan take into account as well a fair share of the regional housing needs of low and moderate income families without limitation to those having past, present or prospective connection with the township. The appeals were certified on our own motion before argument in the Division. R. 2:12--1. 1

The implications of the issue presented are indeed broad and far-reaching, extending much beyond these particular plaintiffs and the boundaries of this particular municipality.

There is not the slightest doubt that New Jersey has been, and continues to be, faced with a desperate need for housing, especially of decent living accommodations economically suitable for low and moderate income families. 2 The situation [67 N.J. 159] was characterized

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as a 'crisis' and fully explored and documented by Governor Cahill in two special messages to the Legislature--A Blueprint for Housing in New Jersey (1970) and New Horizons in Housing (1972).

Plaintiffs represent the minority group poor (black and Hispanic) 3 seeking such quarters. But they are not the only category of persons barred from so many municipalities by reason of restrictive land use regulations. We have reference to young and elderly couples, single persons and large, growing families not in the poverty class, but who still cannot afford the only kinds of housing realistically permitted in most places--relatively high-priced, single-family detached dwellings on sizeable lots and, in some municipalities, expensive apartments. We will, therefore, consider the case from the wider viewpoint that the effect of Mount Laurel's land use regulation has been to prevent various categories of persons from living in the township because of the limited extent of their income and resources. In this connection, we accept the representation of the municipality's counsel at oral argument that the regulatory scheme was not adopted with any desire or intent to exclude prospective residents on the obviously illegal bases of race, origin or believed social incompatibility. [67 N.J. 160]

As already intimated, the issue here is not confined to Mount Laurel. The same question arises with respect to any number of other municipalities of sizeable land area outside the central cities and older built-up suburbs of our North and South Jersey metropolitan areas (and surrounding some of the smaller cities outside those areas as well) which, like Mount Laurel, have substantially shed rural characteristics and have undergone great population increase since World War II, or are now in the process of doing so, but still are not completely developed and remain in the path of inevitable future residential, commercial and industrial demand and growth. Most such municipalities, with but relatively insignificant variation in details, present generally comparable physical situations, courses of municipal policies, practices, enactments and results and human, governmental and legal problems arising therefrom. It is in the context of communities now of this type or which become so in the future, rather than with central cities or older built-up suburbs or areas still rural and likely to continue to be for some time yet, that we deal with the question raised.

Extensive oral and documentary evidence was introduced at the trial, largely informational, dealing with the development of Mount Laurel, including the nature and effect of municipal regulation, the details of the region of which it is a part

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and the recent history thereof, and some of the basics of housing, special reference being directed to that for low and moderate income families. The record has been supplemented by figures, maps, studies and literature furnished or referred to by counsel and the Amici, so that the court has a clear picture of land use regulation and its effects in the developing municipalities of the state.

This evidence was not contradicted by the township, except in a few unimportant details. Its candid position is that, conceding its land use regulation was intended to result and has resulted in economic discrimination and exclusion [67 N.J. 161] of substantial segments of the area population, its policies and practices are in the best present and future fiscal interest of the municipality and its inhabitants and are legally permissible and justified. It further asserts that the trial court was without power to direct the affirmative relief it did.

I

The Facts

Mount Laurel is a flat, sprawling township, 22 square miles, or about 14,000 acres, in area, on the west central edge of Burlington County. It is roughly triangular in shape, with its base, approximately eight miles long, extending in a northeasterly-southwesterly direction roughly parallel with and a few miles east of the Delaware River. Part of its southerly side abuts Cherry Hill in Camden County. That section of the township is about seven miles from the boundary line of the city of Camden and not more than 10 miles from the Benjamin Franklin Bridge crossing the river to Philadelphia.

In 1950, the township had a population of 2817, only about 600 more people than it had in 1940. It was then, as it had been for decades, primarily a rural agricultural area with no sizeable settlements or commercial or industrial enterprises. The populace generally lived in individual houses scattered along country roads. There were several pockets of poverty, with deteriorating or dilapidated housing (apparently 300 or so units of which remain today in equally poor condition). After 1950, as in so many other municipalities similarly situated, residential development and some commerce and industry began to come in. By 1960 the population had almost doubled to 5249 and by 1970 had more than doubled again to 11,221. These new residents were, of course, 'outsiders' from the nearby central cities and older suburbs or from more distant places drawn [67 N.J. 162] here by reason of employment in the region. The township is now definitely a part of the outer ring of the South Jersey metropolitan area, which area we define as those portions of Camden, Burlington and Gloucester Counties within a semicircle having a radius of 20 miles or so from the heart of Camden city. And 65% Of the township is still vacant land or in agricultural use.

The growth of the township has been spurred by the construction or improvement of main highways through or near it. The New Jersey Turnpike, and now route I--295, a freeway paralleling the turnpike, traverse the municipality near its base, with the main Camden-Philadelphia turnpike interchange at the corner nearest Camden. State route 73 runs at right angles to the turnpike at the interchange and route 38 slices through the northeasterly section. Routes 70 and U.S. 130 are not far away. This highway network gives the township a most strategic location from the standpoint of transport of goods and people by truck and private car. There is no other means of transportation.

The location and nature of development has been, as usual, controlled by the local zoning enactments. The general ordinance presently in force, which was declared invalid by the trial court, was adopted in 1964. We understand that earlier enactments provided, however, basically the same scheme but were less restrictive as to residential development. The growth pattern dictated by the ordinance is typical.

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Under the present ordinance, 29.2% Of all the land in the township, or 4,121 acres, is zoned for industry. This amounts to 2,800 more acres than were...

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