Hills Dev. Co. v. Bernards Township

In Hills Dev. Co. v. Bernards Township, 103 N.J. 1, 35-36, 510 A.2d 621 (1986), the Court was responding to the arguments of builders that it would be manifestly unjust to apply the transfer-of-pending-cases section of the FHA, N.J.S.A. 52:27D-316, to those builders who had expended substantial sums of money on Mount Laurel litigation that had yet to proceed to a final judgment. The Court held that the intent of the FHA, to resolve affordable housing disputes through mediation rather than litigation, outweighed the interest of builders who had pursued exclusionary zoning litigation, and thus such cases ordinarily should be transferred. Id., at 55, 510 A.2d 621.