A New Jersey town, Middletown Township, faces legal hurdles in its bid to bypass state-mandated affordable housing requirements. The New Jersey Superior Court upheld a ruling preventing Middletown from using eminent domain to seize a 52-acre site for commercial redevelopment, allowing developer AAMHMT Property, LLC, to pursue a “builder’s remedy” lawsuit aiming to rezone the land for a 937-unit residential project, including affordable housing. Middletown, which withdrew from affordable housing obligations in 2019, was found by the court to be “not constitutionally compliant,” with a deficit of at least 602 affordable housing units. Mayor Tony Perry plans to escalate the case to the state Supreme Court, arguing for municipal rights against New Jersey’s Mount Laurel doctrine. With new housing obligations looming, Middletown’s resistance to comply raises concerns about future affordable housing developments in the region, highlighting tensions over real estate market dynamics and property rights.
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