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’s judgment, 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, concurring in part and dissenting in part, agreed with the disposition but argued that the remedy was too generous and that COAH regulations should not bind builder’s‑remedy cases.