Federal Appeals Court Halts Mt. Holly Gardens Redevelopment Project

by: Anthony F. Della Pelle
17 Mar 2011

A Federal appellate court ordered this week a halt to the Mt. Holly Gardens redevelopment project while an appeal of a trial court ruling is argued.  The appeal concerns the claims by a group of residents who have claimed that the replacement of low-income housing by eminent domain with higher-priced homes as part of a redevelopment project is discriminatory.  In January, U.S. District Judge Noel Hillman issued an opinion concluding that Mount Holly’s plan to demolish 329  row houses to make way for market-rate housing did not meet the legal definition of disparate impact, nor was the township not pursuing a legitimate government interest in the least restrictive way.   The plaintiffs had previous challenged the project in New Jersey State court in 2003, with the New Jersey Appellate Division upholding the project in 2007.  

The stay pending appeal which has now been granted could last several months or more and is likely to further delay this redevelopment project.

For more information regarding this project and the latest ruling, read this article by Rose Krebs in the Burlington County Times.

We have previously covered this project in our New Jersey Condemnation Law Blog:

Mt. Holly Gardens Redevelopment Challenge on Appeal

Mt. Holly Gardens Redevelopment Project Survives Discrimination Challenge

Stay tuned as this matter winds its way through the appellate process.

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