the staff of the Ridgewood blog
Montvale NJ, Montvale Mayor Mike Ghassali comments on recent court decision on court mandated over development in New Jersey .
STATEMENT FROM MONTVALE MAYOR GHASSALI ON TRIAL COURT DECISION:
“The trial court’s rogue decision held that municipalities and mayors cannot even challenge the “affordable housing “process because it is optional. We are appealing because there is nothing optional about mandating hundreds of thousands of new units in our communities.
We know it will be a multi-year effort to fight 50 years of disastrous Mount Laurel Doctrine law. Our consortium of over 30 municipalities, representing over half a million New Jerseyans, looks forward to bringing this case to the Appellate Division while continuing our equal protection challenge in federal district court.”
STATEMENT FROM CONSORTIUM ATTORNEY MICHAEL L. COLLINS:
“My clients believe the trial court’s ruling that municipalities lack standing to challenge the affordable housing requirements imposed upon them underscores the decision’s fundamental flaws. We look forward to bringing these issues to the Appellate Division.”
ONGOING EFFORTS
This decision will not deter the Local Leaders for Responsible Planning from continuing their legal effort across state and federal court, including as follows:
Appeal of Judge Lougy’s decision:
The LLRP has already authorized an appeal of Judge Lougy’s decision to the Appellate Division.
Federal Equal Protection:
The LLRP has brought a federal equal protection challenge to the law’s urban aid classification, which exempts New Jersey’s urban municipalities from any new-unit affordable housing obligations, while requiring the surrounding suburbs to create 4 new units for every 10 people that move into the exempt urban aid municipalities.
HMFA Rulemaking Appeal: The LLRP has challenged HMFA’s adoption of affordable housing regulations without any notice or comment while colluding with special interest groups including Fair Share Housing Center and the New Jersey Builder’s Association. The appeal is being argued on October 22.
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