Toll Brothers, Inc., a Delaware Corporation, Plaintiff-Respondent v. Township of West Windsor, a Municipal…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that West Windsor’s zoning, regulations, and site factors failed to provide a realistic opportunity for affordable housing, that market‑demand considerations were proper, and that Toll Brothers was entitled to a builder’s remedy; Justice Stein concurred in part and dissented in part, arguing the remedy was overly generous. The Court also affirmed the lower courts’ findings on the three certified questions.