Resolution Refers to 1983 Mt. Laurel Appeals Case

COURT HOUSE – The Mt. Laurel decision was back in the spotlight at the Middle Township Committee meeting Feb. 3.
Eileen Fausey, a community activist present at the meeting, wanted to know why there was a resolution referring to the 1983 Southern Burlington County N.A.A.C.P. vs. Township of Mt. Laurel on the agenda. This is the famous “affordable housing” decision requiring all municipalities to make a certain percentage of area for new developments available to poor people. The resolution declared that the township intended to “fully comply with its Mount Laurel obligations voluntarily and seeking to secure the benefits that our laws provide to municipalities that commit to comply voluntarily – protection from Mount Laurel lawsuits.”
Middle Township Solicitor Mark Karavan attempted to explain the byzantine legal circumstance that necessitated it. Recently, an activist group called the Fair Share Housing Group filed a motion with the court to go around the immunity clause of the Mount Laurel formula. In return for “voluntary compliance,” a town is given immunity from being sued to comply.
Mayor Tim Donohue interjected, explaining, “The Fair Share group wants to go from municipality to municipality to impose relief.”
Donohue also later explained that the main problem is that the Council on Affordable Housing Board has not met for years, which is why the Fair Housing group is suing. “It’s an absurd situation,” Donohue observed.
Committeeman Dan Lockwood reminded those attending that through Committee’s efforts Middle Township’s obligation had been reduced from 400 units to 200 units. To which Donohue commented, “This has all been driven by the courts.”
Stanley Doniger commented on the temporary budget and asked why the state representatives have not moved on legislation to mitigate the effects of the Mount Laurel decision. Betty McGurk spoke up saying, “The legislature can correct this right now.”
Business Administrator Constance Mahon reported that Representative Frank LoBiondo has sponsored legislation in the House to delay (by four years) the implementation of the Biggert-Waters Flood Insurance Reform Act of 2012. The Biggerts-Water law greatly increases the cost of flood insurance for many living along the water. The bill LoBiondo has introduced has already passed the Senate. It gives homeowners some breathing room.
To contact Helen McCaffrey, email hmccaffrey@cmcherald.com.