Mt. Laurel: A Major Transition in American Planning Law

Abstract

American land use law in the late 1960's and early 1970's has been in a period of major and fundamental transition. It has seen a change in the basic policy of the law on one of its most important points as concerns exclusionary zoning, i.e., the attitude towards the three principal parties in interest in land use litigation-developer, neighbor, and excluded party. This entire change has been initiated not by the legislatures, but by the courts. The net result of this transition has been to strengthen the government's ability to impose (under the police power) certain types of regulations, primarily environmental in nature—while at the same time drastically reducing the power to impose regulations deemed exclusionary.