Toll Bros., Inc. and Laurel Creek, L.P., Plaintiffs-Appellants v. Board of Chosen Freeholders of the County of…

Summary

The Supreme Court of New Jersey held that a developer’s agreement does not shield a developer from the Municipal Land Use Law’s limits on off‑tract exactions; a developer may not be required to pay more than its pro‑rata share and may seek a changed‑circumstances hearing when the scope of its project materially changes. The Court reversed the Appellate Division and remanded for further proceedings consistent with those principles.