New Jersey Supreme Court Upholds 'Ambush Acquisitions'

Contact Person: Richard DeLuca - 609.791.7014
Date: December 7, 2006

Today, the New Jersey Supreme Court issued a decision (PDF) in Mount Laurel Township v. MiPro Homes critical to the real estate development community, municipal government, and ultimately all of the citizens of the State of New Jersey. The decision authorizes ambush or pretense acquisitions of housing for families with school children and other uses deemed to be politically or economically undesirable. Given that real estate investment, housing, and commercial development are the backbone of the economy, this decision will reverberate through the halls of the legislature and at every kitchen table in New Jersey. The State has not planned for the social and economic fallout from this decision, including the likelihood that the State's attempt to get out of the tax and financial morass that exists will be further challenged as real estate investment opportunities are minimized and lost.

The case, Mount Laurel Township v. MiPro Homes, L.L.C. (A-85/86-05) was heard on appeal from the Appellate Division.

Stark & Stark Shareholder Gary Forshner has followed the MiPro case through the New Jersey Courts (PDF of September 26, 2005 New Jersey Law Journal article) and is able to discuss the implications that the New Jersey Supreme Court's decision will have on New Jersey's housing industry.

Gary Forshner can be reached at 609-895-7250 and will also respond to email gforshner@stark-stark.com.

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Download MP3s of Stark & Stark Shareholder Gary Forshner discussing the Court's decision in Mount Laurel Township v. MiPro Homes and its implications.