Southern Burlington County N.A.A.C.P. v. Township of Mount Laurel/Concurrence Mountain
| Court Documents |
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| Case Syllabus |
| Opinion of the Court |
| Concurring Opinions Mountain Pashman |
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[p193] MOUNTAIN, J. (concurring).
I agree with the conclusions reached in the Court's opinion and essentially with the opinion itself. In one important respect, however, I disagree. The Court rests its decision upon a ground of State constitutional law. I reach the same result by concluding that the term, ‘general welfare,’ appearing in N.J.S.A. 40:55-32, can and should properly be interpreted with the same amplitude attributed to that phrase in the opinion of the Court, as well as otherwise in the manner there set forth. I therefore would rest the conclusions we here announce upon an interpretation of the statute, and not upon the State constitution.
Accordingly, since I read the statute-without resort to the Constitution-to justify, if not compel, our decision, I find it unnecessary to express any view as to the merits of the constitutional argument set forth in the Court's opinion.