Logourl black
From our private database of 13,800+ case briefs...

Hills Dev. Co. v. Township of Bernards

Supreme Court of New Jersey
103 N.J. 1 (N.J. 1986)

Facts

In 1986, New Jersey passed the Fair Housing Act in response to the state supreme court’s decision in Southern Burlington County NAACP v. Township of Mount Laurel, 456 A.2d 390 (N.J. 1983). The Act created the Council on Affordable Housing, which is empowered to determine the need for lower-income housing in different regions of the state and promulgate guidelines for municipalities in each region to determine their fair share of the housing. The Council then determines whether any given municipality has satisfied its obligation to have lower-income housing, and has various means available to induce municipalities to comply. The Council’s determinations can be overturned by a court only if there is clear and convincing evidence that a municipality has not constructed its fair share of housing. Municipalities that do not comply with the Council’s determinations in a timely manner are subject to judicial enforcement of their obligation under Mount Laurel to provide lower-income housing. The constitutionality of the Act was then challenged in court.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Wilentz, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
Access This Case Brief for Free
With a 7-Day Free Trial Membership

Here's why 170,000 law students have relied on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 13,800 briefs - keyed to 187 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.