Fresh from reaffirming the Mount Laurel II builder’s remedy as a weapon against exclusionary zoning, the state Supreme Court ruled Monday, August 5, 2002 that municipalities can’t make blanket use of development fees to exclude large tracts of vacant land from affordable housing.
In a separate case decided the same day, the justices held that a developer paying money into a municipality’s affordable housing fund instead of constructing affordable housing units can’t compel an adjoining municipality to let it hook up to the municipal sewer system.