From Litigation to Legislation in Exclusionary Zoning Law

43 Pages Posted: 10 Feb 2015

Date Written: 1987


The article identifies the limitations faced by state courts in combatting the lack of affordable housing through litigant-initiated review of the “exclusionary” land use practices of urban and suburban municipalities. Focusing on a New Jersey initiative to create a statewide legislative regime to manage the problem, including a centralized Housing Council, the article questions whether centralization will not simply place power in larger corporate bodies, such as big developers, at the expense of the local citizenry. The article compares and contrasts the New Jersey efforts with those of several other innovating states, such as California and Oregon.

Keywords: Exclusionary Zoning, New Jersey, Litigation, Law, Mt. Laurel case

Suggested Citation

McDougall, Harold A., From Litigation to Legislation in Exclusionary Zoning Law (1987). Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 22, p. 623, 1987. Available at SSRN:

Harold A. McDougall (Contact Author)

Howard University School of Law ( email )

2900 Van Ness Street, N.W.
Washington, DC 20008
United States

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