AMG Realty Co. v. Warren Tp.

504 A.2d 692, 207 N.J. Super. 388
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 16, 1984
StatusPublished
Cited by5 cases

This text of 504 A.2d 692 (AMG Realty Co. v. Warren Tp.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AMG Realty Co. v. Warren Tp., 504 A.2d 692, 207 N.J. Super. 388 (N.J. Ct. App. 1984).

Opinion

207 N.J. Super. 388 (1984)
504 A.2d 692

AMG REALTY COMPANY, A PARTNERSHIP ORGANIZED UNDER THE LAWS OF THE STATE OF NEW JERSEY AND SKYTOP LAND CORP., A NEW JERSEY CORPORATION, PLAINTIFFS, JOAN H. FACEY, REDVERS S. FACEY, JOHN W. KRAUS, MARY HELEN TUCHEN, MYKOLA BOJCZUK AND MAE BOJCZUK, HIS WIFE, INTERVENORS,
v.
TOWNSHIP OF WARREN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT, AND TIMBER PROPERTIES, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF,
v.
TOWNSHIP OF WARREN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLANNING BOARD OF THE TOWNSHIP OF WARREN, AND WARREN TOWNSHIP SEWERAGE AUTHORITY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 16, 1984.

*391 Joseph E. Murray for plaintiffs AMG Realty Co. and Skytop Land Corp. (McDonough, Murray & Korn, attorneys).

Raymond R. Trombadore for plaintiff Timber Properties (Trombadore & Trombadore, attorneys).

Robert H. Kraus for intervenors Joan H. Facey, Redvers S. Facey, John W. Kraus and Mary Helen Tuchen (Lieb, Kraus and Grispin, attorneys).

John T. Lynch for intervenors Mykola Bojczuk and Mae Bojczuk.

John E. Coley, Jr. for defendant Township of Warren (Kunzman, Coley, Yospin and Bernstein, attorneys).

Eugene W. Jacobs for defendant Planning Board of the Township of Warren (Handelman & Jacobs, attorneys).

J. Albert Mastro for defendant Warren Township Sewerage Authority.

*392
                      Outline of Opinion
     Introduction                                           393
  I. Fair Share                                             397
     A. Fair Share Methodology                              398
        1. Region                                           398
        2. Regional Need                                    400
           a. Present Need                                  401
           b. Prospective Need                              403
        3. Allocation Factors                               404
           a. Present Need                                  404
           b. Prospective Need                              405
     B. Application of the Fair Share Methodology To Warren
        Township                                            410
        1. Region                                           410
        2. Regional Need                                    410
        3. Allocation Factors                               410
           a. Present Need                                  410
           b. Prospective Need                              411
     C. Justification of Methodology                        412
        1. Region                                           412
        2. Regional Need                                    420
           a. Present Need                                  420
           b. Prospective Need                              425
           c. Present and Prospective Need                  428
        3. Allocation Factors                               431
           a. Present Need                                  431
              (1) Growth Area                               431
              (2) Present Employment                        433
              (3) Median Income                             434
           b. Prospective Need Factors                      439
              (1) Applicability of the Three Present Need
                  Factors                                   439
              (2) Employment Growth                         440
 II. Compliance                                             443
III. Builder's Remedy                                       447
 IV. Conclusion                                             450
     Appendix
     A. Present Housing Need Regions                        459
     B. Present Need Calculation                            460
     C. Surplus Present Need Data                           464
     D. Prospective Need Data                               514
     E. Selected Urban Aid Municipalities                   537
     F. Warren Township Commutershed Region                 538

*393 SERPENTELLI, J.S.C.

This Mount Laurel case, the first to be fully tried since the decision of the New Jersey Supreme Court in Southern Burlington Cty. N.A.A.C.P. v. Mt. Laurel Tp., 92 N.J. 158 (1983) (hereinafter Mount Laurel II) presents the court with the opportunity to start the process of developing a method of fair share allocation and eliminating the confusion surrounding the issue. The process is critical to the implementation of the Mount Laurel principle because as long as uncertainty regarding the fair share obligation prevails, "the weakness of the constitutional doctrine will continue". Id. at 253. The development of a fair share methodology constitutes a primary step in achieving the ultimate goal of Mount Laurel II — the actual construction of low and moderate income housing. Id. at 352. Only after the court quantifies the fair share obligation can it determine whether the municipal ordinance fully complies with Mount Laurel and thereafter whether the plaintiff is entitled to a builder's remedy.

Therefore, this opinion will address three issues in the following order:

I. Fair Share — What number of low and moderate income units of the regional need must Warren provide for through its land use regulations?
II. Compliance — Has Warren, through its present land use regulations, provided a realistic opportunity for the construction of its fair share and thereby satisfied its Mount Laurel obligation?
III. Builder's Remedy — Have plaintiffs demonstrated noncompliance, proposed a substantial lower income component for the project and can their plans be implemented without significant negative environmental or planning impact?

Based upon my analysis of the evidence, I hold that Warren Township has a fair share obligation of 946 dwelling units, for the decade of 1980-1990, that the township's land use ordinances do not comply with Mount Laurel II and that plaintiffs are entitled to a builder's remedy.

The opinion has the following structure. With respect to fair share, I will initially detail the methodology adopted before demonstrating how it produces Warren's obligation. This explanation *394 and application should enable any municipality affected by the methodology to understand the mechanics of it so that it can precisely identify its own obligation. Next, the opinion will elaborate on the justifications for the approach, the criticisms which have been voiced by others and any shortcomings the court perceives. This should facilitate refinement of the methodology. With respect to the compliance issue, the court will examine Warren's land use regulations to explain why they fail to make realistically possible the satisfaction of the township's fair share and identify some of the areas which should be addressed in the revision process. With respect to the builder's remedy, the court shall review the evidence which demonstrates that plaintiffs are entitled to the builder's remedy. Finally, the conclusion will explore the broader ramifications of this opinion.

Before proceeding to a discussion of each of these three issues, some background information is necessary.

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Bluebook (online)
504 A.2d 692, 207 N.J. Super. 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amg-realty-co-v-warren-tp-njsuperctappdiv-1984.