Developers who file a motion to intervene are asking the Court to be granted special status in the context of a Declaratory Judgment Action. The Court considers whether that potential intervenor can further advance the interests of low and moderate income households to obtain affordable housing, within the context of the Township’s Housing Element and Fair Share Plan. In Millburn’s case, temporary immunity has been granted to the municipality from builder’s remedy lawsuits while the Township pursues approval of its plan.
This has not prevented the Court from allowing two developers to be "interested parties" regarding the Township's settlement negotiations with Fair Share Housing. Both Woodmont Properties and the potential developers of 297 Millburn Avenue (Annie Sez) have been allowed to participate in case management conferences only as "interested parties". While they do not have intervener status they are still seen by the court as potential parties that could advance the Township's obligation to provide for affordable housing.