Judge Michael A. Shipp, who is overseeing the Jackson Trails lawsuit against the township, declined to dismiss a charge leveled at Jackson Township.
The Township requested that Judge Shipp dismiss Counts 13 and 14 of the lawsuit, which accuse the township of acting in a discriminating manner with regard to the proposed development, and for unlawfully denying the Jackson Trails application despite it containing numerous affordable housing units, with the plaintiff arguing that it should have been approved under Fair Share Housing laws.
Judge Shipp denied the Township’s request to dismiss the accusation of discrimination outright. The judge did dismiss the Fair Share Housing charge but said that the plaintiff can refile the charge in a court that deals with such matters, as opposed to his court, which is a federal one.
The decision by Judge Shipp is seen as a major victory for the Jackson Trails developer, not only because the judge didn’t dismiss his charges outright, but also because he can now file another lawsuit on the state level.
Whereas a plaintiff can generally only file a lawsuit in a single court over a single matter, Judge Shipp – a federal judge – has now given the plaintiff the legal latitude to file yet another claim against the township in state court over the Fair Share Housing issue.
gov.uscourts.njd.426782.19.0
Say no to bigotry
The Federal Shipp has sailed. The passengers prevailed. Prejudice derailed.
State docket unveiled. Politicians fined and jailed. Your tax bill will be mailed.
I hope what has happened in Jackson will be a warning to all the towns who expect a growth in the Orthodox Jewish community. However, I feel that all of us Orthodox and non-Orthodox should strive to be on the same page about one thing we all want : that we maintain the suburban quality of life. I do not think the majority of Orthodox want the irresponsible overdevelopment and crumbling infrastructure that has occurred in Lakewood to happen to the surrounding towns they are moving into with their families.
You are right, but if this developer were not building responsibly, he would probably not prevail in court.