Zoning Regulations That Exclude Segments of the Region’s Population of the Basis of Wealth Are Presumptively Invalid

Examines a New Jersey Supreme Court case, Southern Burlington County NAACP v. Mount Laurel. This case invalidated the zoning provisions of the New Jersey suburb of Mount Laurel. This suburb had a regulatory scheme that was so limiting that it had the effect of excluding low and medium income families by prohibiting all but expensive housing. The Court held that this was contrary to the general welfare of the state and violated the state’s constitution. The author suggests that other states follow New Jersey’s lead in taking a judicial role in land use planning.