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A coalition of 29 municipalities is making a last-ditch effort to delay a March 15 zoning deadline, and Justice Samuel Alito now has the case on his desk.
Unfortunately, in an update to the story, the request was denied.
If you live in or near any of the towns involved, this story matters to you.
A group called Local Leaders for Responsible Planning has filed an emergency application with the U.S. Supreme Court. They want a stay, essentially a legal timeout, on the March 15 deadline for New Jersey municipalities to adopt zoning changes tied to their fourth-round affordable housing plans.
The Attorney General’s Office has until February 17 to respond.
What’s Going On?
Here’s the short version. New Jersey has had an affordable housing mandate for about 50 years, rooted in what’s known as the Mount Laurel decision. That mandate requires municipalities to zone for their fair share of affordable housing.
Now, nine towns within the coalition are asking the Supreme Court for emergency relief.
Those towns are Montvale, Millburn, Totowa, Wyckoff, Norwood, Franklin Lakes, Holmdel, Wall Township, and Hawthorne. They’re the same nine that filed a federal lawsuit back in January, according to their attorney, Michael Collins.
Montvale Mayor Mike Ghassali, who organized the group, framed the request in direct terms. He asked Justice Alito to pause what he called an arbitrary deadline so their legal claims could be heard first. Ghassali also noted the group is encouraged that the Supreme Court is actively reviewing their application.
A Long Legal Road
This isn’t the coalition’s first attempt. Their original complaint was filed in 2024. Since then, the legal track record has not gone in their favor.
A state Superior Court judge in Mercer County dismissed the original case and turned away a second challenge. Two requests to the state appellate court also failed. An appeal to the New Jersey Supreme Court? That failed too.
On the federal side, U.S. District Judge Zahid Quraishi dismissed the suit on January 20. Ten days later, two judges on the 3rd U.S. Circuit Court of Appeals affirmed that ruling. Justice Alito has jurisdiction over the 3rd Circuit, which is why the application landed with him.
What Does It Take to Get a Stay?
According to the U.S. Supreme Court’s own website, applicants need to meet four criteria:
- There must be a reasonable probability that four justices would agree to hear the case.
- There needs to be a fair prospect that a majority would find the lower court got it wrong.
- The applicant must show irreparable harm if the stay is denied.
- The court must weigh the relative harms to both sides and the public interest.
That’s a high bar, especially after multiple courts have already ruled against the group.
Who’s Involved?
The full coalition spans 29 towns across eight counties, though not all have participated in every court action. The municipalities come from Bergen, Morris, Essex, Hunterdon, Monmouth, Passaic, Salem, and Somerset counties. Bergen County has the largest representation, with 11 towns in the group.
Why This Matters
This case sits at the intersection of local control and statewide housing policy. On one side, these municipalities argue the state’s timeline is too aggressive. On the other, affordable housing advocates point to decades of resistance to the Mount Laurel mandate as evidence that deadlines are necessary.
With the March 15 deadline just weeks away, the Attorney General’s response on February 17 could shape what happens next — not just for these nine towns, but potentially for affordable housing planning across the state.
What do you think? Should municipalities get more time to implement their housing plans, or has there been enough delay already? Drop your thoughts in the comments.
