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Oakwood at Madison Corp. v. Madison, Township of

Citation: 2 ELR 20670
No. No. L-7502-70 P.W., 283 A.2d 353/3 ERC 1541/117 N.J. Super. 11, (N.J. Super. Ct., 03/09/1971)

A municipality which zoned large tracts of land exclusively for low density, high-cost housing on the grounds that the township needed a "breathing spell" from fast population growth, may not use that zoning law as a means of evading its fair proportion of the obligation to meet the housing needs of its own population and of the region. A justification for the zoning law — that it would prevent development in a flood plain zone — may not be created ex post facto when there have been no engineering studies or expert opinion which would support that justification. The zoning law is declared invalid in its entirety. [For opinions in a related case, see 2 ELR 20668 and 2 ELR 20670]

Counsel for Plaintiffs
Frederick C. Mezey
Mezey and Mezey
93 Bayard Street
New Brunswick, N.J. 08903

Lois Thompson
715 Park Avenue
E. Orange, N.J.

Counsel for Township of Madison
Richard F. Plechner
351 Main Street
Metuchen, N.J. 08840

Counsel for the State
Jonathan Weiner Deputy Attorney General
State Capitol
Trenton, New Jersey 08625

George F. Kugler, Jr. Attorney General
State Capitol
Trenton, N.J. 08625