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New Jersey Shore Builders Association v. Township of Jackson

New Jersey Superior Court, Appellate Division
401 N.J. Super. 152, 949 A.2d 312 (2008)

Written by Tanya Munson, JD

Facts

The New Jersey Shore Builders Association (the association) and the Builders League of South Jersey (the league) (plaintiffs) challenged the authority of the Township of Jackson and the Township of Egg Harbor (defendant) to condition development approvals on the developer either setting aside land to be used for common open space or recreation or paying an assessment. The association challenged amendments to Jackson Township’s Land Use and Development Code. The trial court concluded that the ordinance requirements were beyond the authority granted to the legislature in the Municipal Land Use Law (MLUL) and declared the ordinance to be ultra vires and unenforceable. The league challenged amendments to the Egg Harbor Township Code. The trial court found that the exaction requirements were authorized by the MLUL and were valid and enforceable. Both rulings were appealed, and the appeals were consolidated in this case.

Rule of Law

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Issue

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Holding and Reasoning (Winkelstein, J.)

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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.).

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