Judge Thomas Miller’s summary judgment in Solberg v. Readington.

Below is a link to the Judge Thomas Miller’s summary judgment in Solberg v. Readington.

Link: solbergsummaryjudgment92616

The following is a highlight from pg 116:

The Court finds that when the baseline findings established in Judge Armstrong’s decision are considered, along with the overwhelming evidence that has been submitted to the Court as part of this Motion, it is clear that Readington’s Ordinance is not consistent with State law. Even though the Ordinance arguably can be said to fulfill certain non-specific purposes of zoning, the insurmountable evidence indicates that the zoning ordinance was based upon an invalid purpose or purposes which have been described throughout this opinion.

At oral argument Solberg poignantly posed the rhetorical question that “[G]iven the findings of Judge Armstrong and given the evidence before the Court, what is there to try?” This Court’s analysis confirms that when all of the facts and circumstances are considered, there is nothing left to try. Given the insurmountable combination of precedent and evidence before the Court, no reasonable factfinder can come to any different conclusion.

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