Joel Vasoff, a resident and longtime housing critic, told the Edison Township Council during public comment that developers had filed Builders'Remedy lawsuits against the township even after the administration said it was pursuing a declaratory judgment route to resolve Edison's affordable housing obligations.

The concern centers on the state'mandated affordable housing obligation Edison faces for the fourth round, which Vasoff said totals more than 700 units and could prompt large multifamily projects in neighborhoods not zoned for them.

"If a study was conducted that's now being presented to the court, it seems that that could have been incorporated into a resolution back in January, which would have preserved Edison's immunity," Vasoff said, addressing whether the township had missed opportunities to shield itself from Builders'Remedy suits.

The township's attorney (identified at the meeting as the director of law) responded that municipalities were given two options by recent affordable housing legislation: follow the administrative program set by the Legislature or file a traditional declaratory judgment action in state court. The director of law explained the township chose the declaratory judgment option and said a declaratory judgment action was filed "about 3 continuing immunity from builders remedy lawsuits through 06/30/2025." He added that if Builders'Remedy suits were filed while temporary immunity existed, "a motion will be filed with the court to have those dismissed while the declaratory judgment action works its way through the process."

Council members cautioned against airing litigation strategy publicly. One council member said, "I don't think we should be having an attorney tell us, tell the public our play to our adversary in a lawsuit," and urged the public that the lawsuit would proceed in court where details would be available to attendees.

Why it matters: A successful Builders'Remedy suit can allow developers to override local zoning and build denser housing with a statutory set-aside for affordable units; how Edison defends itself affects where and how much housing may be built and can change local planning and infrastructure needs.

What the meeting showed: The council is pursuing a declaratory judgment path approved by state law but acknowledges competing litigation is underway. The director of law said the office will seek to dismiss conflicting Builders'Remedy actions while the declaratory judgment proceeds. Council members and the director emphasized that detailed legal strategy is being handled through counsel and the courts rather than at the dais.

Next steps: The director of law indicated motions would be filed in court where appropriate; members of the public were told they may follow the court proceedings directly.