TOMS RIVER – Toms River will retain temporary immunity from builder’s remedy lawsuits through at least July 10 as negotiations over the township’s affordable housing plan continue under court supervision.
Every town is required to provide for a certain number of affordable housing units. Every 10 years, towns are told what their obligation is, and many towns – Toms River being one of them – contest that number.
During a brief case management conference held June 1 before Superior Court Judge Sean D. Gertner, the judge agreed to extend the township’s temporary immunity through July 10 after attorneys reported continued progress in mediation.
The latest extension follows an earlier ruling in April that gave Toms River additional time after the township missed the March 15 deadline to adopt ordinances tied to its fourth-round affordable housing plan. At that time, Gertner determined the township had acted in good faith despite “political discord and procedural delays” that prevented the plan from being finalized on time.
Township attorney Christopher D. Zingaro requested the newest extension in a May 28 letter to the court. In the correspondence, Zingaro said the township had continued working with developers, the Fair Share Housing Center and the court-appointed mediator to address unresolved zoning and project issues.
The letter outlined ongoing negotiations involving the Route 37 project, overlay zoning and PILOT issues connected to Jamestown Apartments, and discussions with Meridia Toms River 40 Urban Renewal, which previously filed litigation challenging the township’s compliance plan.
The affordable housing litigation is unfolding alongside other legal disputes between Meridia and the township. One involved the Downtown Waterfront Redevelopment Plan, where Judge Gertner previously ruled the township improperly repealed the redevelopment ordinance. Another lawsuit concerning the downtown waterfront project at West Water and Irons streets remains pending, with Meridia alleging the township interfered with its redevelopment agreement after the current administration took office.
At the hearing, Judge Gertner said the court had confirmed through discussions with the mediator that the parties were continuing to act in good faith and work toward a mediated solution. “There is a basis for the parties to continue to work towards a mediated solution on behalf of all the parties involved,” Gertner said.
The judge scheduled another virtual case management conference for July 2 at 8:45 a.m. to review the status of negotiations before the immunity period expires.
Temporary immunity protects municipalities from builder’s remedy lawsuits while they work toward compliance with New Jersey’s affordable housing obligations. If immunity is ultimately lost, developers can seek court approval for projects that may exceed local zoning preferences.
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