A Superior Court judge in Ocean County has upheld Jackson Township’s zoning authority and the lawful adoption of Ordinance 2025-40, rejecting in full a legal challenge brought by Jackson Crossing Associates II, LLC.

The ruling affirms the Township’s ability to regulate development through enforceable land-use standards and validates actions taken by the Township under the leadership of Mayor Jennifer Kuhn.

The litigation stemmed from amendments to Jackson Township’s zoning code governing how residential density is calculated in the Highway Commercial Mixed-Use (HCMU) zone. The amendments were adopted to resolve an ambiguity that officials said created uncertainty and risked development outcomes inconsistent with the Township’s long-term planning goals.

Building on prior Ordinance 33-24, Ordinance 2025-40 clarified the density calculation by shifting from a gross-acre to a net-acre standard. Township officials argued that the revised approach more accurately reflects developable land, particularly in areas containing environmentally sensitive or otherwise undevelopable property.

According to the ruling, the court found the ordinance to be properly enacted, reasonable, and a lawful exercise of municipal authority. The judge concluded that the Township acted within its powers and did not arbitrarily target or restrict development.

Much of the land affected by the ordinance includes wetlands, buffers, or other constrained areas. The Township maintained that the revised standard ensures density calculations align with actual site conditions, helping to protect infrastructure capacity, community resources, and neighborhood character while still allowing development to proceed within established limits.

Mayor Kuhn first identified the zoning issue while serving as Council President and advanced the corrective ordinance despite significant opposition. After her appointment as Mayor, she remained directly involved in defending the ordinance and the Township’s planning framework throughout the litigation.

“When it became clear that an ambiguity in our zoning code could undermine responsible planning, we acted to correct it,” Mayor Kuhn said. “The Court’s ruling confirms that Jackson Township addressed the issue lawfully and transparently, with the long-term interests of the community in mind.”

Council President Burnstein credited Mayor Kuhn’s leadership as central to advancing the ordinance, noting that its adoption faced resistance, including the threat of a veto under the prior administration. He said the issue required resolve and consistency to bring it to completion.

Jackson Township officials stated they will continue to enforce zoning ordinances and defend policy decisions regulating growth in a lawful and balanced manner. Although the plaintiff has filed a subsequent lawsuit following the court’s ruling, the Township said it is prepared to respond.

Council leadership further stated that threats of litigation will not deter the Mayor or Township Council from carrying out their responsibilities under the law. Township officials also acknowledged the guidance of the municipal legal team, citing its role in the outcome of the court’s decision.