The Hills Development Company, Plaintiff-Respondent v. the Township of Bernards in the County of Somerset, a…

Summary

The Supreme Court of New Jersey upheld the constitutionality of the 1985 Fair Housing Act, interpreting its transfer provision to require that pending Mount Laurel cases be moved to the Council on Affordable Housing unless an unforeseen and exceptional manifest injustice would result, and ordered the transfer of all cases except the one already transferred, which was affirmed. The Court also held that the Act’s builder’s‑remedy moratorium and its impact on prerogative‑writ jurisdiction are constitutional.