Cramer Hill Residents Association, Inc. v. Primas

395 N.J. Super. 1, 928 A.2d

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Cramer Hill Residents Association, Inc. v. Primas

New Jersey Superior Court, Appellate Division
395 N.J. Super. 1, 928 A.2d

Facts

The Cramer Hill neighborhood, which was located just outside the City of Camden (city) (defendant) consisted of modest, well-maintained, single-family homes. Cramer Hill was primarily zoned for low-density use, giving the neighborhood a suburban feel. Despite rising housing costs and population changes in other areas, Cramer Hill remained stable. In 2005, however, the city adopted an ordinance authorizing the use of eminent domain to acquire four sites within Cramer Hill for the purpose of constructing or rehabilitating low- or moderate-income housing. The city claimed that the ordinance was permissible under § 325 of the New Jersey Fair Housing Act (FHA), which granted local governments authority to utilize eminent domain in certain circumstances. The Cramer Hill Residents Association (residents association) and various Cramer Hill residents (plaintiffs) sued the city, seeking to invalidate the ordinance. They argued that § 325 did not authorize the city’s use of eminent domain and that the adopted ordinance would decrease affordable housing in Cramer Hill rather than increase it. The trial court granted summary judgment in the city’s favor, prompting an appeal to the New Jersey Superior Court, Appellate Division.

Rule of Law

Issue

Holding and Reasoning (Fuentes, J.)

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