Supreme Court of New Jersey
Oakwood at Madison, Inc., a Corporation of the State of New Jersey, Beren Corporation, a Corporation of the State of…
January 26, 197772 N.J. 481
Summary
The Supreme Court of New Jersey held that Madison Township's 1973 zoning ordinance is invalid because it fails to provide the municipality's fair share of low‑ and moderate‑income housing required by the Mount Laurel doctrine. The ordinance is struck down and the trial court is ordered to revise it to add substantial areas for very small‑lot single‑family homes, enlarge multi‑family zones, and eliminate cost‑generating provisions, while also granting the corporate plaintiffs a permit for their development subject to environmental suitability. The decision affirms the lower court's judgment as modified and remands with detailed remedial instructions. The opinion was accompanied by several concurring and dissenting writings, notably Justice Pashman’s call for more aggressive remedial measures.