Jackson Township Upholds Zoning Authority in Court Victory

Court ruling affirms municipality's ability to manage development through enforceable land-use standards

Mar. 8, 2026 at 3:21pm

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A recent court ruling in New Jersey upheld Jackson Township's zoning authority and its approach to managing growth in the municipality. The lawsuit was brought by a developer, Jackson Crossing Associates II, LLC, who claimed the township's reduction in the amount of land that could be developed on a 286-acre parcel cost him $120 million in potential construction. The Superior Court of New Jersey, Ocean County, sided with the township, affirming its ability to enact zoning ordinances that reflect actual developable land rather than gross acreage.

Why it matters

This case highlights the ongoing tension between municipalities seeking to manage development and growth in a way that aligns with community planning objectives, and developers who aim to maximize construction potential on their land. The court's decision affirms the township's authority to enact zoning policies that protect infrastructure, community resources, and neighborhood character, even if it means limiting a developer's plans.

The details

The core of the lawsuit was how much of a 286-acre parcel could be developed. Jackson Township had amended its zoning code to shift from a 'gross-acre' to a 'net-acre' standard for calculating residential density. This change reduced the amount of land deemed developable, as it excluded environmentally sensitive or otherwise undevelopable areas. The developer claimed this cost him $120 million in potential construction, but the court ruled the township acted lawfully and reasonably in adopting the new zoning ordinance.

  • The lawsuit was brought against Jackson Township by Jackson Crossing Associates II, LLC.
  • In March 2026, the Superior Court of New Jersey, Ocean County, upheld the township's zoning authority and the lawful adoption of Ordinance 2025-40.

The players

Jackson Crossing Associates II, LLC

The developer that brought the lawsuit against Jackson Township, claiming a reduction in developable land on a 286-acre parcel cost him $120 million in potential construction.

Jennifer Kuhn

The mayor of Jackson Township, who identified the zoning gap and advanced the corrective ordinance despite significant opposition.

Mordecai Burnstein

The current Council President of Jackson Township, who noted the mayor was central to advancing the ordinance despite challenges from the prior administration.

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What they’re saying

“When it became clear that an ambiguity in our zoning code could undermine responsible planning, we acted to correct it.”

— Jennifer Kuhn, Mayor of Jackson Township

“The Court's ruling confirms that Jackson Township addressed the issue lawfully and transparently, with the long-term interests of the community in mind.”

— Jennifer Kuhn, Mayor of Jackson Township

“Threats of litigation will not deter this administration or the Township Council from carrying out their responsibilities in accordance with the law.”

— Mordecai Burnstein, Council President of Jackson Township

What’s next

The judge will decide on Tuesday whether to allow the developer, Jackson Crossing Associates II, LLC, to appeal the court's ruling.

The takeaway

This case highlights the ongoing balance municipalities must strike between managing development in a way that aligns with community planning goals, and the interests of developers seeking to maximize construction potential. The court's decision affirms Jackson Township's authority to enact zoning policies that protect infrastructure, community resources, and neighborhood character, even if it means limiting a developer's plans.