Implications of Supreme Court Zoning Opinion and Shift to State Courts

On this episode we return to the subject of zoning. With the doors to federal courthouses barred shut, advocates for reforming zoning have turned to state courts and state constitutions. Most famously, in 1975, the New Jersey Supreme Court took a look at a zoning ordinance that made it illegal to build low- and moderate-income housing in the township of Mount Laurel and said in no uncertain terms: enough. But the story of the Mount Laurel doctrine, which calls for municipalities to do their fair share to meet the regional demand for affordable housing, is not all milk and honey. Additionally, we take a look at some current efforts in other states to protect property rights under state constitutions.

Click here for Open Fields Conference

Click here for episode transcript.

Mount Laurel I (1975) and Mount Laurel II (1983)

Warth v. Seldin

Belle Terre v. Boraas