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BUILDERS COURTING DISASTER IN NJ COURTS
Date: 28 Oct 2003
From: "carol" {carol@njconservation.org}
THE STATE WE'RE IN
By Michele S. Byers, Executive Director
New Jersey Conservation Foundation
October 29, 2003 - Volume XXXIII, No. 42
Local planning and zoning decisions shape the future of our
communities. If you live in an area that's feeling the creep of
sprawl, you know what I mean - perhaps the woods behind your house are
now home to a shopping mall, or the farm down the road now sprouts
houses instead of pumpkins and corn.
New Jersey has 566 local governments, each with planning and zoning
boards, making decisions every day about growth and development. And
while it may be comforting to have local decisions made close to home
by folks like neighbors and friends, those decisions are often
thwarted by lawsuits, or the threat of lawsuits.
For many years, some developers have used New Jersey's courts to
bully towns into approving sprawl development.
Often when towns try to control or restrict development, and thus
"control their own destiny", they are threatened by lawsuits. And
since developers aren't elected officials, don't rely on tax dollars,
and often have deep pockets, they don't need to frame a solid legal
case. Prospects of extended, expensive legal fights are often enough
to convince towns to permit the sprawl instead.
Sprawl and a growing list of related negative health impacts, have
caused some New Jersey towns to defend their planning and zoning laws,
and take charge of their own destiny.
And the courts are responding. This March, a State Appeals Court
endorsed the right of local governments to make planning and zoning
decisions free of interference from the courts. The court put it this
way: "...given a public issue upon which differing, but reasonable,
legislative choices may be made, the one chosen by the duly elected
governing body must prevail."
The Appellate Court referred to a recent Supreme Court description of
the judicial role in assessing the validity of zoning ordinances: "A
strong presumption of validity insulates zoning from challenge, a
plaintiff overcomes that presumption through an affirmative showing
that the ordinance is clearly arbitrary, capricious or unreasonable,
or plainly contrary to fundamental principles of zoning or the
[zoning] statute."
In other words, if a town adopts new planning or zoning ordinances to
manage future growth in a fair way, they should get the benefit of the
doubt before the courts.
That's good news for towns facing lawsuits over smart growth zoning
changes. It helps level the legal playing field. Let's hope that means
less wasteful lawsuits and more creative and effective tools for
managing growth and controlling sprawl.
- - -
I hope you'll contact me at 1-888-LAND-SAVE or
info@njconservation.org, or visit NJCF's website at
http://www.njconservation.org, for more information about conserving
New Jersey's precious land and natural resources.
* * *
Carol K. Banhart
New Jersey Conservation Foundation
Bamboo Brook
170 Longview Road
Far Hills, NJ 07931
Phone: 908-234-1225 x105
Fax: 908-234-1189
Date: 28 Oct 2003
From: "carol" {carol@njconservation.org}
THE STATE WE'RE IN
By Michele S. Byers, Executive Director
New Jersey Conservation Foundation
October 29, 2003 - Volume XXXIII, No. 42
Local planning and zoning decisions shape the future of our
communities. If you live in an area that's feeling the creep of
sprawl, you know what I mean - perhaps the woods behind your house are
now home to a shopping mall, or the farm down the road now sprouts
houses instead of pumpkins and corn.
New Jersey has 566 local governments, each with planning and zoning
boards, making decisions every day about growth and development. And
while it may be comforting to have local decisions made close to home
by folks like neighbors and friends, those decisions are often
thwarted by lawsuits, or the threat of lawsuits.
For many years, some developers have used New Jersey's courts to
bully towns into approving sprawl development.
Often when towns try to control or restrict development, and thus
"control their own destiny", they are threatened by lawsuits. And
since developers aren't elected officials, don't rely on tax dollars,
and often have deep pockets, they don't need to frame a solid legal
case. Prospects of extended, expensive legal fights are often enough
to convince towns to permit the sprawl instead.
Sprawl and a growing list of related negative health impacts, have
caused some New Jersey towns to defend their planning and zoning laws,
and take charge of their own destiny.
And the courts are responding. This March, a State Appeals Court
endorsed the right of local governments to make planning and zoning
decisions free of interference from the courts. The court put it this
way: "...given a public issue upon which differing, but reasonable,
legislative choices may be made, the one chosen by the duly elected
governing body must prevail."
The Appellate Court referred to a recent Supreme Court description of
the judicial role in assessing the validity of zoning ordinances: "A
strong presumption of validity insulates zoning from challenge, a
plaintiff overcomes that presumption through an affirmative showing
that the ordinance is clearly arbitrary, capricious or unreasonable,
or plainly contrary to fundamental principles of zoning or the
[zoning] statute."
In other words, if a town adopts new planning or zoning ordinances to
manage future growth in a fair way, they should get the benefit of the
doubt before the courts.
That's good news for towns facing lawsuits over smart growth zoning
changes. It helps level the legal playing field. Let's hope that means
less wasteful lawsuits and more creative and effective tools for
managing growth and controlling sprawl.
- - -
I hope you'll contact me at 1-888-LAND-SAVE or
info@njconservation.org, or visit NJCF's website at
http://www.njconservation.org, for more information about conserving
New Jersey's precious land and natural resources.
* * *
Carol K. Banhart
New Jersey Conservation Foundation
Bamboo Brook
170 Longview Road
Far Hills, NJ 07931
Phone: 908-234-1225 x105
Fax: 908-234-1189