Thursday, May 28, 2009
A developer sues and get the right to subdivide into smaller lots than otherwise permitted under local zoning rules, through a state statute designed to build more affordable housing. Can a purchaser from the developer take advantage of this special zoning? No, according to a New Jersey appellate court holding yesterday (Tanenbaum v. Township of Wall Bd. of Adjustment (N.J. Super. Ct. App. Div. May 27, 2009)).
A couple had bought a large lot in the development and sought to split it into two parcels, both of which would have been large enough under the zoning granted to the developer through New Jersey’s complicated “Mount Laurel” laws for affordable housing. But because the couple had not been a party to the developer’s lawsuit, the township and court both found, the couple’s plan was “non-Mount Laurel construction,” and thus they were bound by the pre-lawsuit minimum lot size requirements, which would not allow two lots on their land (which might be surrounded, of course, by smaller lots subdivided by the developer).
It may be said that New Jersey townships have fought the implication of the Mount Laurel principle at every turn and in every way, sort of like the Russian Army at Stalingrad (perhaps they see the consequences of doing otherwise as similar), and this decision is yet another chapter …
[Comments must be approved and thus take some time to appear online.]
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Jamie Baker Roskie on Uber Goes to the State House Seeking Preemption of Local Government Control
- Stephen R. Miller on Why are building inspectors so often on the take?
- Josh Hightree on What makes people leave rural areas, and what makes them stay
- Jessica Shoemaker on What makes people leave rural areas, and what makes them stay
- Jamie Baker Roskie on Why are building inspectors so often on the take?
- What to make of the fierce new debate over the efficacy of California's energy codes?
- The W&L Top 100 Law Review Rankings and the Land Use Law Scholar
- CFP: 2015 Future of Places Conference (lead-in to Habitat III) in Stockholm: Deadline of April 15
- Water Down Under: A Report from Australia by Barbara Cosens: Post 7: Conjunctive Management Down Under
- Interior unveils final rule governing fracking regulations on public lands