Court: NJ developers don’t have to create open space

June 24, 2008 12:03PM

New Jersey residential developers cannot be forced to preserve open space any longer, a state court ruled yesterday. The law, which required developers to either include space in developments or pay into open-space funds, had been hailed by its supporters as a triumph for smart growth, but was dubbed as “extortion” by its critics. “The townships’ desires to meet those needs are laudable,” the ruling said. “Nevertheless, although maintaining common open space and recreational areas are important goals of the MLUL, municipalities do not have unlimited authority to effectuate these goals.”

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