Fair (Sewage) Treatment: Norris McLaughlin, P.A.’s David Roberts Obtains Favorable Decision for Affordable Housing Project in Hopewell, NJ

The law firm of Norris McLaughlin, P.A. is pleased to announce that David C. Roberts has obtained a favorable outcome representing Plaintiff Deer Valley Realty, Inc. (“Deer Valley”) in an affordable housing claim.

In 2021, Deer Valley filed a complaint against Ewing-Lawrence Sewerage Authority (“ELSA”) for denying the provision of sanitary sewer conveyance and treatment capacity for their significant development in Hopewell Township (“the Township”). The project, located on 158 acres, includes a hotel, convention center, restaurant, gas station, and over 650 single family homes, 125 of which will be affordable housing.  The Township is subject to affordable housing obligations under the Mount Laurel doctrine, with Deer Valley accounting for 20% of that Township’s requirement.

Having appeared before the Superior Court of New Jersey Law Division – Mercer County, Roberts argued that ELSA’s refusal violated its constitutional obligation to assist developers and municipalities provide affordable housing for low-income residents, even when the development technically lies outside of the sewerage authority’s coverage area.  On July 24, 2024, the Court agreed that ELSA must take necessary steps to provide coverage for the Deer Valley Project, paving the way for the development.

“I am extremely pleased with this outcome,” said David C. Roberts, Chair of Norris McLaughlin, P.A. “Deer Valley has been a client for years and the court decision to order [ELSA] to provide a sewage connection under the Mount Laurel doctrine is a huge win for affordable and inclusive housing projects. With skyrocketing rents, people need affordable housing now more than ever.”

Plaintiff Deer Valley is represented by David C. Roberts, Esq. of Norris McLaughlin, P.A. and Plaintiff U.S. Home, LLC is represented by Richard J. Hoff, Esq.

Defendant ELSA is represented by W. Barry Rank, Esq. and Defendant-Indispensable Party Hopewell Township is represented by Steven P. Goodell, Esq.

About David C. Roberts

David C. Roberts, Chair of the firm, specializes in complex commercial litigation, focusing on issues such as fraud, trade secrets, and restrictive covenants, with a particular emphasis on business partnership and shareholder disputes in New Jersey. He handles cases often termed "business divorce," including shareholder oppression, business fraud, embezzlement, owner freeze-outs, and dissenter’s rights disputes. Roberts aims to resolve these matters through mediation when possible but is also a seasoned trial attorney for cases that require it.

His practice involves representing both minority shareholders seeking forced buy-outs and majority owners defending against such claims, providing him with a well-rounded perspective on opposing strategies.

Roberts has experience with business divorce cases across various industries, particularly family-owned businesses, giving him insight into the complexities of disputes involving relatives. Additionally, he has served as outside general counsel for companies like Old Bridge Chemicals and Madison Industries, and handled complex litigation for the Diocese of Metuchen.