Mendham Land Use Board Taken To Court Over Affordable Housing Ordinance

MENDHAM, NJ — A group of local activists is taking the Mendham Borough Joint Land Use Board to court over an ordinance they say disrupts the borough's master plan.

Friends of Mendham is a community-led organization that seeks to protect Mendham's environment, character, and history. The group advocates for "smart planning that safeguards the environmental and historic legacy that defines Mendham, while responsibly meeting regional obligations."

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On July 30, Friends of Mendham filed suit against the borough's Joint Land Use Board, urging a judge to reconsider the Board's decision to establish the Sisters of Christian Charity property as an affordable-housing overlay zone.

Specifically, the suit cites the Board's approval of Ordinance 09-2026, which designates the 110- to 112-acre property at 350 Bernardsville Road as an affordable housing zone.

Friends of Mendham says under the ordinance, the property could be divided into two lots, with roughly 23 acres containing the Old Motherhouse that could be redeveloped into as many as 150 multifamily housing units.

The organization cites concerns with the borough's image and the environmental consequences that 150 multifamily housing units could entail.

"Independent expert review by Princeton Hydro identified that the proposed 150-unit development would generate approximately 136,150 gallons per day of sanitary sewage," the suit reads. "The proposed density of 150 units on 16.5 acres (approximately 9.1 units per acre) is incompatible with the site's wastewater disposal capacity when environmental constraints are properly accounted for."

The lawsuit highlights five counts:

• Count 1: Failure to identify Master Plan inconsistencies, as required by N.J.S.A. 40:55D-26
• Count 2: Adoption of an ordinance substantially inconsistent with the Master Plan, without the required explanatory resolution
• Count 3: Failure to comply with the MLUL and sound planning principles
• Count 4: Failure to account for Highlands Plan Conformance requirements
• Count 5: Failure to conduct adequate environmental analysis

Friends of Mendham's lawsuit is asking a judge to find the ordinance "arbitrary, capricious, and unreasonable," invalidate Ordinance 09-2026, prevent the borough from implementing it, and potentially award the group legal costs and attorneys' fees.

Patch has reached out to the Mendham Borough Joint Land Use Board for comment on the suit and has not heard back at this time.

This isn't the first time the Board has been taken to court by a community-led group. In March, the Mendham Alliance for Preservation and Conservation challenged the board's approval of a 75-unit apartment complex in town.