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Morris County Fair Housing Council v. Boonton Township

New Jersey Superior Court, Appellate Division


Decided: March 21, 1986.

MORRIS COUNTY FAIR HOUSING COUNCIL, ET AL., PLAINTIFFS-RESPONDENTS,
v.
BOONTON TOWNSHIP, ET AL., DEFENDANTS-RESPONDENTS. CHARLES DEVELOPMENT CORP., PLAINTIFF-RESPONDENT, V. TOWNSHIP OF MORRIS, ET AL., DEFENDANTS-RESPONDENTS. SIDNEY AND CONNIE HUBSCHMAN, OBJECTORS-APPELLANTS

On appeal from the Superior Court, Law Division, Morris County, whose interlocutory opinion is reported at 197 N.J. Super. 359 (Law Div.1984).

Pressler, Dreier and Gruccio.

Per Curiam

[209 NJSuper Page 109]

This controversy arises out of Mount Laurel II litigation which was concluded by the entry of judgments, certified as final, on August 20, 1984. The judgments approved the settlement agreements, as modified by court order, which had been entered into by defendant Morris Township with plaintiffs Morris County Fair Housing Council and Charles Development Corp. The appellants are Sidney and Connie Hubschman, would-be developers, who were effectively deprived of their sought-for builder's remedy by virtue of the approved settlement.

We affirm the judgments appealed from substantially for the reasons set forth by Judge Skillman in his opinion reported at 197 N.J. Super. 359 (Law Div.1984) and in his oral opinion of July 6, 1984.

We are satisfied that The Fair Housing Act, L. 1985, c. 222, as interpreted and construed by The Hills Development Co. v. Township of Bernards, 103 N.J. 1 (1986) (Mount Laurel III), does not affect either jurisdiction to decide this appeal or the substantive law to be applied. Not only was the settlement here approved almost a year before the Act was enacted but also no party has taken any action challenging the binding effect of the approved settlement.*fn1

Affirmed.


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