Exclusionary
zoning has been used in New Jersey to chain the poor to low income
urban areas and to keep them out of newly developing suburbs. Even
worse, land use regulations have been used to remove the poor from
older farmland communities to make room for new money-making suburban
families... This note argues that, by allowing the exceptions to
swallow the rules, the new regulations subvert the purpose of the duty
to provide low income housing and openly conflict with New Jersey
Supreme Court opinions in both substance and spirit. Thus, this note
argues that the new Third Round regulations should be revised because
they are unconstitutional. [ read more]
This note
examines whether building sports and entertainment facilities satisfies
New Jersey's public purpose requirement for the governmental use of
eminent domain powers. In doing so, it finds that New Jersey courts
have been too deferential to the Legislature and other local governing
bodies in determining whether proposed uses of the eminent domain power
are "rationally related to a conceivable public purpose."... [ read more]
This note
argues that the Court's decision in Sandoval has temporarily set back
the effective reach of Title VI and the Civil Rights Acts as a whole.
It then offers arguments as to why Sandoval may have been decided
incorrectly. Finally, it proposes alternatives for plaintiffs to
challenge unintentional discriminatory policies of federal agencies in
the absence of a private cause of action under § 602 of Title
VI, and evaluates the likelihood of success by plaintiffs bringing such
claims. [ read more]
Since the
1970's, Mount Laurel, New Jersey has experienced rapid suburban
expansion as housing developments and shopping centers have replaced
the farms and forests that used to occupy the area. Recognizing the
opportunity to create a new legacy of land use, Mount Laurel Township
placed an open space referendum on the ballot in 1998 that allowed the
township to purchase land for preservation purposes... [ read more]
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FORECLOSURE OF A DREAM: THE IMPACT OF THE COUNCIL
ON AFFORDABLE HOUSING'S NEW REGULATIONS ON THE CONSTITUTIONAL DUTY TO
PROVIDE AFORDABLE HOUSING IN NEW JERSEY