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Property Law Keyed to Dukeminier
Southern Burlington County NAACP v. Township of Mount Laurel
Facts
Attached townhouses, mobile homes, and apartments are not allowed anywhere in the Defendant town under the zoning ordinance. All four residential zones provided in the town’s zoning ordinance, only permit one house per lot of single family, detached dwellings. The Court determined that the restriction to single family dwellings realistically only provides housing options for those with “at least middle income.” The record substantiated that Defendant had an affirmatively and historically developed a policy to control development density and attract selective growth. The finances had been expended solely for the benefit of upper and middle income people.
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