MANCHESTER, N.J. – A major land use lawsuit filed in Ocean County Superior Court could reshape the future of development in Manchester Township, as a developer accuses township officials of changing zoning laws to effectively block a planned multifamily housing project after years of affordable housing planning.
The lawsuit, filed by Manashe Frankel and 451 Old Lacey Acquisition LLC against Manchester Township, the Township Council and the Manchester Township Planning Board, seeks to invalidate multiple ordinances and planning actions adopted earlier this year that the developer says unlawfully stripped away development rights from a 25-acre parcel in the township’s Whiting section. The plaintiffs are represented by Donna M. Jennings of Wilentz, Goldman & Spitzer, one of New Jersey’s largest land use law firms.
Developer says township changed the rules after years of planning
According to the complaint, the property consists of approximately 25 acres located along Old Lacey Road in the Whiting Town Highway Development (WTHD) Zone. Court exhibits describe the tract as being surrounded by existing residential neighborhoods together with commercial development including medical offices, retail businesses, a pharmacy, a bank and shopping facilities while also lying within the Pinelands Area.
The lawsuit argues Manchester adopted Ordinances 26-11 and 26-24 together with portions of its 2025 Master Plan Reexamination Report to remove or substantially restrict garden apartment and townhouse development in portions of the township where those uses had previously been permitted. The plaintiffs contend those actions violate the Municipal Land Use Law and conflict with the township’s own affordable housing planning.
- Developer seeks to overturn Manchester’s 2026 zoning ordinances affecting multifamily housing.
- Lawsuit targets Township Council, Planning Board and Manchester Township.
- Case challenges affordable housing planning, Master Plan amendments and zoning changes affecting a 25-acre Whiting property.
Unlike a traditional application denial, this lawsuit attacks the legality of the ordinances themselves.
If successful, the court could invalidate portions of Manchester’s zoning code.
Affordable housing obligations are at the center of the dispute
The litigation reaches far beyond a single development.
Attached to the complaint is Manchester’s 2025 Master Plan Reexamination Report, which details decades of affordable housing litigation, builder’s remedy settlements and zoning changes undertaken by the township to comply with court-ordered affordable housing obligations.
The report notes Manchester previously entered settlement agreements with the Fair Share Housing Center and Manchester Development Group in 2017 after filing for declaratory judgment protection in affordable housing litigation. The report further states the township has submitted an updated Housing Plan Element as part of New Jersey’s Fourth Round affordable housing requirements, which remains under state review.
The planning report also recounts the township’s long-running Heritage Minerals redevelopment efforts, including builder’s remedy litigation, redevelopment planning and previous zoning amendments that dramatically reshaped future housing opportunities in Manchester.
Planning Board unanimously supported ordinance
The lawsuit includes records showing the Manchester Township Planning Board reviewed Ordinance 26-24 during its April 6 meeting.
Planning Board attorney Joseph D. Coronato Jr. later advised Township Council that the board had unanimously voted to return the ordinance to the governing body without comment, finding it consistent with the township’s Master Plan after hearing testimony from the township engineer and planner regarding revisions affecting garden apartments and townhouses.
Coronato’s letter identified the sections involving conditional uses for garden apartments under Section 245-68 and townhouses under Section 245-74 as the focus of the Planning Board’s review before adoption.
Master Plan traces decades of redevelopment
Manchester’s 2025 Master Plan Reexamination Report spans years of redevelopment policy.
The document identifies major planning initiatives involving affordable housing, redevelopment areas, Heritage Minerals, Pinelands zoning, residential growth and commercial redevelopment dating back to earlier Master Plan reexaminations.
It also recommends continued evaluation of redevelopment opportunities throughout the township, including Whiting Town Center, Crestwood Shopping Center, America Keswick and other strategic commercial properties. The report concludes that the township should continue implementing the planning recommendations contained in the updated Master Plan.
The complaint argues those same planning efforts were later used to justify zoning amendments that improperly eliminated residential opportunities on the plaintiffs’ property.
Property changed hands before lawsuit
Court exhibits included with the complaint show the Old Lacey Road property was transferred to 451 Old Lacey Acquisition LLC before the litigation was filed.
The deed identifies the property as Block 83, Lot 10 in Manchester Township and includes a detailed legal description covering approximately 25 acres fronting Old Lacey Road.
The complaint was filed shortly afterward in Ocean County Superior Court as an action in lieu of prerogative writs, the legal mechanism used to challenge municipal land use decisions in New Jersey.
What the developer wants
The lawsuit asks the court to declare Manchester’s zoning changes invalid and set aside the challenged ordinances and planning actions.
Among the defendants are:
- Manchester Township
- Mayor and Council of Manchester Township
- Manchester Township Planning Board
The plaintiffs also seek attorney’s fees where permitted, costs of suit and any additional relief the court determines appropriate.
Manchester Township had not filed a response to the complaint contained in the court file provided, meaning the allegations represent the developer’s claims and have not yet been adjudicated.
Why the lawsuit matters
Although the litigation focuses on one parcel, its outcome could have implications for development throughout Manchester Township.
If the ordinances are upheld, the township’s revised zoning strategy for multifamily housing will remain in place.
If they are struck down, Manchester could be required to revisit portions of its zoning ordinance and affordable housing planning, potentially affecting future residential development applications across the municipality.
The case also comes as municipalities across New Jersey continue updating zoning regulations to comply with the state’s new affordable housing framework while balancing redevelopment, infrastructure and growth concerns.
What is the lawsuit about? A developer alleges Manchester Township unlawfully adopted zoning changes that eliminated multifamily housing opportunities on a 25-acre property in Whiting and is asking the court to invalidate those ordinances.
Who represents the developer? The plaintiffs, Manashe Frankel and 451 Old Lacey Acquisition LLC, are represented by Donna M. Jennings of Wilentz, Goldman & Spitzer P.A. The complaint names Manchester Township, its Township Council and the Planning Board as defendants.
What happens next? The case will proceed in Ocean County Superior Court, where Manchester Township will have an opportunity to respond to the allegations before the court determines whether the challenged ordinances comply with New Jersey land use law.
Sources: Ocean County Superior Court, Manchester Township 2025 Master Plan Reexamination Report, Manchester Township Planning Board
