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    SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.

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    Property Keyed to Merrill

    Southern Burlington County N.A.A.C.P. v. Township of Mount Laurel

    Citation:

    336 A.2d 713
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    Facts

    Plaintiffs represent the minority group poor seeking such quarters. They attacked the system of land use regulation by defendant Township of Mount Laurel on the ground that low and moderate income families are thereby unlawfully excluded from the municipality. But they are not the only category of persons barred from so many municipalities by reason of restrictive land use regulations. The township’s position is that, conceding its land use regulation was intended to result and has resulted in economic discrimination and exclusion of substantial segments of the area population, its policies and practices are in the best present and future fiscal interest of the municipality and its inhabitants and are legally permissible and justified.

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    Case Quiz

    Retake Attempts
    Question 1 of 3

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    0 of 3 Questions answered correctly.

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    Quiz complete. Results are being recorded.
    Q.1 - How did the Mount Laurel II Court reinterpret the traditional police power doctrine in response to exclusionary zoning practices?
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    Incorrect. The ruling did not involve procedural due process or liberty interests.
    Correct! The Court in Mount Laurel II held that the police power is not unlimited when zoning undermines constitutional principles, particularly the obligation to provide a “realistic opportunity” for low- and moderate-income housing. This reading converted the general welfare clause into an enforceable constraint on exclusionary land use practices.
    Incorrect. Discriminatory intent was not required for constitutional invalidation.
    Incorrect. While judicial scrutiny increased, no presumption of constitutionality was preserved.
    Q.2 - Which judicial innovation in Mount Laurel II most directly restructured the enforcement landscape for constitutional housing obligations?
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    Incorrect. No fiduciary duty was imposed on planning boards.
    Incorrect. The Court’s relief was equitable, not monetary.
    Correct! The builder’s remedy allowed developers to override exclusionary ordinances when municipalities failed their obligations, making it a functional enforcement tool and a profound doctrinal shift. It extended standing and zoning authority to courts where local governments were noncompliant.
    Incorrect. The Court did not reallocate zoning authority to state commissions.
    Q.3 - From a structural constitutional perspective, which of the following best explains why Mount Laurel II retained judicial jurisdiction post-decision?
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    Correct! The Court retained jurisdiction to serve as an institutional check on municipalities, whose zoning powers had historically been exercised in ways that undermined statewide housing policy and constitutional norms. This active role emphasized judicial responsibility in correcting legislative passivity.
    Incorrect. Separation-of-powers disputes were not central to the case.
    Incorrect. Monetary penalties were not a remedy employed by the Court.
    Incorrect. Judicial immunity was never at risk or discussed.

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    Topic Resources

    ™ CaseCast

    Todd Berman

    ProfessorTodd Berman

    CaseCast™ "What you need to know"

    CaseCast™ –  "What you need to know"

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    Southern Burlington County NAACP v. Township of Mount Laurel
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    Topic Video

    Southern Burlington County N.A.A.C.P. v. Township of Mount Laurel4m 44s
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    Topic Outline

    Zoning

    Topic Refresher Course

    Easements: Scope Duration and Transfer

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    Remedies

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    Southern Burlington County N.A.A.C.P. v. Township of Mount Laurel