JACKSON – A recent court ruling upheld the Township’s zoning authority and the leadership’s stance on how it addresses growth in the municipality.
At the core of this lawsuit was how much of a parcel can be developed.
The litigation was brought against the township by Jackson Crossing Associates II, LLC. He had claimed that when the town reduced the amount of land that can be developed on his 286-acre parcel, he lost out on $120 million worth of potential construction, according to NJ.com.
The Superior Court of New Jersey, Ocean County, upheld the municipal zoning authority and the lawful adoption of Ordinance 2025-40 which involved a change in calculation concerning land development, township officials said.
This ruling affirms Jackson’s ability to manage development through concise, enforceable land-use standards, Mayor Jennifer Kuhn said. The case arose from amendments to the Township’s zoning code addressing how residential density is calculated in the Highway Commercial Mixed-Use (HCMU) zone.
The amendments clarified an ambiguity that had created uncertainty and risked development outcomes inconsistent with the community’s planning objectives, officials said. It was derived from prior ordinances 33-24 and 2025-40 clarified the calculation by moving from a gross-acre to a net-acre standard, an approach that more precisely reflects the amount of land that can be developed.
A gross acre is the total land, while the net acre is just the land that can be developed on, apart from environmental restraints for example. Jackson changing the ordinance from gross acre to net acre shrunk down the amount of development allowed.
The mayor said, “when it became clear that an ambiguity in our zoning code could undermine responsible planning, we acted to correct it.”
A good portion of the impacted property includes areas deemed environmentally sensitive or undevelopable. The revised standard was said to ensure that density calculations reflect real conditions on the ground, helping to protect infrastructure capacity, community resources, and neighborhood character while allowing development to proceed within established limits.
The Court did not accept the plaintiff’s claims in full, finding that the ordinance was correctly enacted, reasonable, and a legal use of municipal authority.
Township officials expressed in a release that this decision confirms that Jackson Township “acted within its powers and did not target or restrict development arbitrarily. This ruling follows sustained effort by Mayor Jennifer Kuhn, who identified the zoning gap while serving as Council President and advanced the corrective ordinance despite significant opposition.”
Kuhn defended the ordinance and the municipality’s planning structure during the litigation.
The Court’s decision confirms that Jackson’s approach was grounded in law.
“The Court’s ruling confirms that Jackson Township addressed the issue lawfully and transparently, with the long-term interests of the community in mind,” Kuhn added.
Current Council President Mordecai Burnstein noted that the mayor was central to advancing the ordinance, particularly given challenges encountered during its adoption. He noted resistance from the prior administration of Mayor Michael Reina, including the threat of a veto.
Burnstein further stated that threats of litigation will not deter this administration or the Township Council from carrying out their responsibilities in accordance with the law. Mayor Kuhn and the Jackson Township Council acknowledged the work of the township’s legal staff concerning this litigation crediting them for the successful outcome of the court’s ruling.
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