Is a developer's remedy lawsuit realistic in this economy?
Yes. As residents, we know Hopewell to be a wonderful place to live. We take pride in our beautiful landscape and our unique rural-suburban mix. Hopewell is appealing to developers for these very same reasons. Right now, developers and their attorneys are looking closely at towns like Hopewell. One prominent law firm's website says, "Towns that are subject to this [December 1, 2008] deadline and who fail to file with COAH by that date loose their immunity from exclusionary zoning until they do file. Because these towns have an urgent need to prepare and adopt new housing plans over the next ten weeks, this is an opportune time for property owners and builders to propose projects that include both residential and mixed use low and moderate income housing."

Developers understand that the best way to force towns to accept development is to claim that they are meeting an unmet affordable housing need. For Hopewell, risking a developers-remedy lawsuit is the ultimate gamble: the town has spent ten years and hundreds of thousands of dollars formulating and defending its 6 and 14 acre zoning, all of which could be overturned by a developer who successfully argues that the township has not met its constitutional obligation to provide for affordable housing. Such a lawsuit could easily result in high density development throughout the Township.

Show All Answers

1. Why purchase Pennytown?
2. Are we paying fair market value for the property?
3. Why is the property available now?
4. What is the development potential of the property?
5. What is unique about having sewers at the property?
6. Why do we have a pressing need to build affordable housing?
7. Who qualifies for affordable housing?
8. What is our affordable housing requirement?
9. What is the deadline for meeting our Round Three requirements?
10. What happens if we fail to meet our affordable housing requirement?
11. Is a developer's remedy lawsuit realistic in this economy?
12. How would development at the Pennytown site affect firefighting in the area?
13. How would development at Pennytown affect wells in the area?
14. How would development at Pennytown affect traffic in the area?
15. How is the township protected against environmental damage at the site?
16. Who would demolish the existing buildings, and when?
17. What is the timeline for development of the site?
18. Pennytown is isolated and located on a state highway. Is this a reasonable location for affordable housing?
19. What would the houses look like?
20. Will the houses be sale or rental units?
21. How will the township pay for the property?