Why can’t the Township’s affordable housing litigation be discussed publicly?

The Township has also been repeatedly told by Judge Gardner and the court appointed Special Master that all settlement negotiations are confidential.  Despite repeated requests by Township elected officials, appointed professionals and the public, the court has not waivered from its stance on the confidentiality of the Township's settlement negotiations with Fair Share Housing .  

Further, a litigation matter, the Township Committee discusses these issues in closed session meetings in accordance with the requirements of the Open Public Meetings Act.  Those closed session discussions help preserve the Committee’s ability to discuss litigation strategy and any pending settlement negotiations without compromising its position in the litigation or in settlement negotiations. The Township understands the public’s desire to learn about all aspects of this important issue as it is nearing conclusion, but since the matter involves litigation, the Township is constrained to discuss the matter only in closed session meetings.  

At the appropriate time and once the Township has permission of the court to do so, full disclosure and explanation of the settlement terms will take place. 

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1. What is Affordable Housing?
2. What is the Fair Share Housing Center?
3. Is the Township required to provide an opportunity for Affordable Housing units?
4. Why can’t the Township’s affordable housing litigation be discussed publicly?
5. Does Millburn have an Affordable Housing Plan?
6. Why are the courts in control of determining Millburn’s affordable housing obligation?
7. Will a court consider the economic impact to the community, including schools?
8. Where can I learn more about Millburn’s current Affordable Housing situation?
9. What are ways the Township can satisfy its obligation to provide for affordable housing?
10. What is a motion to intervene in the Township’s Housing Element and Fair Share Plan?
11. What is a builder's remedy lawsuit?
12. How can builder’s remedy lawsuits be avoided?
13. How likely is it that a municipality can successfully defend a builder’s remedy lawsuit?
14. What opportunity would there be for public comment on the Township’s affordable housing Plan?
15. Where can I find information on 85 Woodland Road, LLC., et al. v. Township of Millburn, et al.?
16. What would have happened if the Township had not settled with Fair Share Housing on it Housing Element and Fair Share Plan?
17. Why have settlement negotiations taken so long?
18. How many units of affordable housing is the township obligated to provide and by when?
19. What is the status of the 75 units of 100% affordable housing at the 11 Main Street development (a portion of the DPW facility)?
20. Other than capital constraint, can the Township buy back existing apartment buildings and turn them into affordable housing to satisfy the obligation?
21. Are the developers obligated to keep the ‘affordable units’ permanent?
22. Does the township have any long term strategic urban planning to make sure that traffic, environmental, road, water, sewage, school, etc. will be well planned ahead of any constructions?
23. Will there be any new obligations?
24. Under the current agreement, how long does Millburn retain immunity against any builder’s remedy lawsuits?