Court Approves Affordable Housing, Dismisses Last Challenge In Summit

SUMMIT, NJ — The Superior Court of New Jersey approved Summit's amended Fourth Round Housing Element and Fair Share Plan on Thursday, the City said.

The court also approved the settlements reached with Fair Share Housing Center and Russo Development through New Jersey's Affordable Housing Dispute Resolution Program.

The last remaining challenge to the plan, filed by Incline Capital, was also dismissed.

"Summit officials are trying every trick to mislead the Court and its very own residents to maintain immunity and prevent any meaningful development of affordable housing in the community, which is much needed, State-mandated, and most importantly, the morally right thing to do," Rodger A. Bucchianeri, Managing Partner with Incline, told Patch.

He and his team are now looking to take their case to trial.

According to the Court's Decision and Order on Thursday, the municipality is required to submit its updated plan by March 15.

There will then be a fairness and compliance hearing to complete the final certification.

On Feb. 3, an hours-long discussion broke out at that night's Common Council meeting surrounding the most recent adjustments to the City's affordable housing 10-year-plan.

Under amendments to the Fair Housing Act, the City had to file and adopt a plan by June 30, 2025. That led to a series of challenges by Fair Share Housing Center, Russo Development, and Incline Capital surrounding the transparency and other issues related to how the details were constructed.

After confidential mediation sessions that lasted until Dec. 23, 2025, settlements were reached with both Fair Share Housing Center and Russo Development.

The City continues to maintain that it's acting in the greater good of the community, and has been as transparent as it could be under the legal confines of the mediation sessions.

Incline Capital's reaction given to Patch following Thursday's ruling can be read in full below:

"Summit officials presented a last-minute, clandestine Plan reversal on Dec. 23, 2005, only days before the Program’s year-end deadline, keeping their residents (and newly elected officials) in the dark using the mediation process as an excuse.

In response, on December 30th, 2025, Incline Capital filed an expert report and a certification with the Superior Court of New Jersey detailing factual points that Summit’s Round 4 Plan was grossly non-compliant and warranted a full public hearing before any serious consideration of adoption.

It is implausible that the Court would accept a plan with clear discrepancies formally and credibly exposed by a Court-recognized challenger, Incline, which has shown, among other things, ineligible apartments and sites used by Summit officials and their consultants to achieve their State-mandated requirement.

Summit officials are trying every trick to mislead the Court and its very own residents to maintain immunity and prevent any meaningful development of affordable housing in the community, which is much needed, State-mandated, and most importantly, the morally right thing to do.

Similar to a football team who has made an obvious penalty and is hurrying to start the next play to avoid a red flag challenge they know they’ll lose, Summit officials have kept their residents in the dark about this entire process and are trying to push things through the Court without any open discussion which will risk exposing their true actions and motives.

Summit is trying to achieve 10 more years of immunity and prevent as much new affordable housing as possible.

Incline Capital has presented an inclusionary luxury development plan, Summit Station House, which seeks to provide over 40 affordable apartments within approximately 200 total apartments. Located next to the Summit Train Station and the Village Green park, the property is ideal for a modern transit-oriented development, while also replacing the current dilapidated industrial uses and night time haven for homelessness and drug use.

Incline’s proposal will be an absolute win for the community and the Affordable Housing Program, yet Summit Officials have tried everything they can to prevent it…because unlike much of Summit's Round 4 Plan, Incline’s project is real.

Incline, who has been headquartered in downtown Summit for over a decade, intends to challenge Summit’s plan in court and encourages Summit residents and business owners to also make their voices heard immediately."

READ MORE: Summit Leaders Address Community Concerns, Legal Challenges Over Affordable Housing

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