Appellate Division Affirms Trial Court’s “Novel” and “Creative” Mount Laurel Decision

On August 29, 2008, the Appellate Division affirmed the award of a builder’s remedy for 840 residential units on a parcel located in the Boroughs of East Rutherford and Carlstadt and within New Jersey Meadowlands District. This is the first decision to award a builder’s remedy for property within the NJMC District.

The Appellate Division also affirmed the trial court’s “novel,” “creative and insightful” appointment of a Mount Laurel Implementation Monitor to bring the Boroughs of East Rutherford and Carlstadt into compliance with their Mount Laurel obligations after they failed to do so during the course of the litigation. The Appellate Division determined that this appointment was not punitive. Rather, it was an “inspired and appropriate exercise of the court’s judicial powers.”

Sills Cummis & Gross represented the plaintiff, Tomu Development Co., Inc., in the litigation and appeals. To read the decision, please click here.