Fox Team Achieves Major Victory in New Jersey Affordable Housing Trial

September 19, 2016 – In The News
In the Zone

Henry Kent-Smith and Irina B. Elgart successfully represented Richardson Fresh Ponds and Princeton Orchards Associates (RFP/POA), the owners of the Princeton Orchard Apartments, in a precedential affordable housing dispute before the Superior Court Law Division.

The declaratory judgment action, In the Matter of the Application of the Township of South Brunswick for a Judgment of Compliance and Repose, was the first declaratory judgment action trial in New Jersey following the Supreme Court’s Mt. Laurel IV decision in March 2015.

Fox’s successful challenge to the Township’s evidence, and efforts to establish a constitutionally permissible methodology, provides a template for all trial courts in New Jersey to follow as to how to calculate the affordable housing need for the 2015-2025 housing cycle.

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