King, Moench & Collins LLP Partner Michael L. Collins was quoted in the Asbury Park Press regarding Colts Neck Township’s efforts to navigate its Fourth Round affordable housing obligations while preserving its rights on appeal.
The Township recently adopted several affordable housing zoning ordinances, including two “under protest,” as it works to maintain immunity from builder’s-remedy litigation while pursuing a legal challenge in the Superior Court, Appellate Division.
Collins was quoted in the Asbury Park Press as follows:
“It’s always been the committee’s mindset that maintaining immunity is essential so that the township committee can continue to exercise the zoning power and not have that power pierced by the courts through builder’s remedy litigation.”
The matter illustrates the complex issues municipalities can face in the Fourth Round, where actions compelled by the court to maintain immunity may need to proceed simultaneously with litigation and appellate challenges.
KMC represents municipalities throughout New Jersey in all aspects of affordable housing compliance, including complex matters involving litigation and appeals.
Please contact Michael L. Collins at 732-546-3670 or mcollins@kingmoench.com for representation on affordable housing issues.