Full opinion text
OPINION ORLOFSKY, District Judge. This case requires the Court to resolve a conflict between local autonomy and federal power, specifically the conflict between a New Jersey municipality’s power to zone and the federal power to eradicate discrimination against the handicapped. The developers of an innovative type of facility designed to care for the elderly and handicapped, known as “assisted living,” have moved for a preliminary injunction under the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., demanding a reasonable accommodation to allow the construction of an assisted living facility which they have proposed for the Township of Moorestown, New Jersey. Plaintiffs’ proposed land-use had been permissible under Moorestown’s zoning law until the very moment when Plaintiffs had cleared other regulatory hurdles necessary to go forward with their project. At that point, in what can best be described as a “Catch-22,” Moorestown passed a zoning ordinance which effectively “spot-zoned” Plaintiffs’ proposed land use out of one chosen area of Moorestown and imposed special requirements on Plaintiffs. The timing of the passage of the ordinance, considered in combination with the minutes of subsequent Planning Board meetings, clearly reflect an intention to relegate the handicapped to the periphery of residential areas or “transitional” parts of Moorestown. In light of Plaintiffs’ substantial, but ultimately unsuccessful efforts to locate alternative sites which might meet with Moorestown’s approval, the reactions by the Township and the Planning Board to Plaintiffs’ proposed project compel the conclusion that the Plaintiffs are likely to succeed in showing that the accommodation requested is necessary for the enjoyment of equal housing opportunities. Plaintiffs are also likely to succeed in showing that the requested accommodation is reasonable, particularly since the Township has clearly accommodated other developers when it was in the Township’s financial and legal interest to do so. The Court will therefore grant the Plaintiffs’ motion for a preliminary injunction and, accordingly, deny the motions of the Township, the Township’s Zoning Board, and the Township’s Planning Board to dismiss Plaintiffs’ complaint and/or for summary judgment. After careful review of the evidence presented by the parties during two days of hearings conducted on December 11 and 17, 1997, the affidavits, certifications, exhibits, briefs, and letters submitted by the parties, and the applicable law, I make the following findings of fact and conclusions of law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure. I. Findings of Fact A. The Parties and their Agents 1. Plaintiff, Assisted Living Associates of Moorestown, L.L.C. (“ALA”), is a limited liability company formed pursuant to the laws of Delaware and authorized to do business in New Jersey. Verified Complaint ¶ 5 (dated Sept. 4, 1997) (hereinafter Compl.). 2. Plaintiff, Laurel Construction Management, Inc. (“LCM”), is a New Jersey corporation, and is associated with ALA Id. at ¶¶ 6,10. 3. Plaintiffs, John and Jane Doe (the “Doe Plaintiffs”), are prospective residents at a facility to be constructed and managed by LCM and ALA Id. at ¶¶ 7,14. 4. Thomas H. Parkinson (“Parkinson”) is the principal partner in ALA and the vice president of LCM. Certification of Thomas H. Parkinson ¶ 1 (dated Dec. 3, 1997) (hereinafter Parkinson 12/3/97 Certif.); Supplemental Certification of Thomas H. Parkinson ¶ 1 (dated- Dec. 1, 1997) (hereinafter Parkinson 12/1/97 Certif.); Transcript 7-8 (dated Dec. 11 & 17, 1997) (hereinafter Trans.). 5. Defendant, Moorestown Township (“Moorestown” or the “Township”), is a municipal corporation with the power to zone pursuant to New Jersey’s Municipal Land Use Law, N.J.S.A 40:55D-1 et seq. Compl. at ¶ 8; Answer of Defendant, Moorestown Township ¶8 (dated Nov. 21, 1997). The Township is located in Burlington County. 6. Moorestown has a population of approximately 16,000 people, of which approximately 17% are over the age of 65. See Certification of John J. Lynch, Exh. A at 2-3 (dated Nov. 20, 1997) (hereinafter Lynch Certif.). In 1970, approximately 11.5% of the population of Moorestown was over the age of 65. Id. 7. Defendant, Moorestown Township Zoning Board of Adjustment (the “Zoning Board”), is a municipal body created pursuant to N.J.S.A. 40:55D-69, with the powers set forth in N.J.S.A. 40:55D-70 et seq. See, e.g., Answer of Defendant, Moorestown Township Zoning Board of Adjustment ¶ 9 (dated Nov. 21,1997). 8. Defendant, Moorestown Township Planning Board (the “Planning Board”), is a municipal body created pursuant to N.J.S.A 40:55D-23 et seq., with the powers set forth in N.J.S.A. 40:55D-25 et seq. See, e.g., Answer of Defendant, Moorestown Township Planning Board ¶9 (dated Nov. 20, 1997). 9. Harry W. MeVey (“McVey”) is the Director of Community Development for the Township, Secretary to the Planning Board, and the Zoning Officer of the Township. Trans, at 150; Certification of Harry W. McVey ¶ 1 (dated Nov. 17,1997) (hereinafter MeVey Certif.). MeVey exercises substantial influence in the planning and zoning of the Township. See, e.g., Trans, at 251, 273-74. B. The Nature of Assisted Living and Assisted Living in Moorestown 10. On May 3, 1996, pursuant to N.J.S.A 26:2H-1 et seq., the New Jersey Department of Health issued to LCM a certificate of need for the construction of an assisted living facility in Mount Laurel, Burlington County, New Jersey. 3 See Plaintiffs’ Exh. 1 at 1; Trans, at 407. 11. The certificate of need authorizes LCM to construct an assisted living facility anywhere in Burlington County. See Trans, at 8, 59. In order to provide assisted living services, a facility must, in addition to a certificate of need, be licensed to provide those services. See, e.g., Trans, at 392, 400-01; N.J.A.C. 8:36-2.2; see also Plaintiffs’ Exh. 9. 12. Assisted living is a relatively recent development in the provision of long-term care services to the elderly and handicapped. Essentially, the concept allows a facility to provide a range of services -wider than those which may be provided by, for example, a nursing home. The fact that the facility is more flexible in the types of services which it offers allows a resident to age “in place” without constantly moving from facility to facility as a resident’s condition evolves. Also, since an assisted living resident may not need as much care as, for example, a patient in a nursing home, an assisted living facility is designed to ensure that a resident maintains as much independence, autonomy, individuality, privacy, and dignity as possible. The most obvious and important way a resident achieves these goals is by living in an independent, apartment-like unit with a private bathroom and kitchenette, rather than in a hospital-like room. Because the services provided are more particularly tailored to an individual’s needs, the quality of life is better than for patients in a nursing home. See generally Trans, at 393-403; N.J.A.C. 8:36-1.3 (noting that “assisted living promotes resident self direction and participation in decisions that emphasize independence, individuality, privacy, dignity, and homelike surroundings”). 13. An assisted living facility may provide services which resémble the services someone might otherwise receive in a nursing home. See N.J.A.C. 8:36-4.1(b), (d); Trans, at 19, 396, 399. 14. A typical resident of an assisted living facility needs assistance with two or more basic daily activities, such as, toileting, bathing, or dressing, and is, on average, approximately 85 years old. See Trans, at 101, 397, 399-400; see generally N.J.A.C. 8:36 — 4.1(a-d). 15. There are no assisted living facilities currently operating in Moorestown. See, e.g., Plaintiffs’ Exh. 32. 16. In approximately August, 1997, the Zoning Board approved the application of Brandywine Senior Care, Inc. (“Brandy-wine”) for the eventual construction of an assisted living facility with a capacity of approximately 100 residents on a site located at the intersection of Church Street and New Albany Road in Moorestown. 'See Defendants’ Exh. 7-8; Trans, at 106, 197-98, 272, 278. C. ALA before the Planning and Zoning Boards 17. Sometime in mid-1996, LCM purchased a 14.75-acre parcel of land, Block 7100, Lot 1 (“Lot 1”), located approximately at the intersection, and immediately to the south and east, respectively, of Garwood Road and Westfield Road in Moorestown for approximately $435,000. Plaintiffs’ Exh. 3-4. 18. Approximately 11.2 acres of Lot 1 are encumbered by a conservation easement granted in favor of the Township which prohibits, inter alia, various actions which are inconsistent with agricultural and equestrian uses. See Plaintiffs’ Exh. 3; McVey Certif. at ¶ 12 & Exh. E. The remaining approximately 3.55 acres of Lot 1 are encumbered by a covenant running with the land which states that the land “shall not be further subdivided EXCEPT that a two lot residential subdivision shall be permitted, subject to subdivision approval by the” Township. Id. at Exh. F (emphasis in original); Trans at 67-68. 19. On or about September 17,1996, ALA submitted an application to the Planning Board for a conditional use and site plan approval for the construction of an assisted living facility on the portion of Lot I which was not encumbered by the conservation easement, i.e., the 3.55 acre portion. See, e.g., Plaintiffs’ Exh. 7; McVey Certif., Exh. C; Trans, at 24-25, 66. 20. At the time of the application, Township ordinances allowed in the R-l zone as conditional uses, inter alia, a “nursing home or similar health facility; a home for ... the aged, the handicapped or similar institutional use under the sponsorship of a religious or nonprofit community service organization; ... or a continuing care facility for the elderly,” if such uses complied with section 180-91 of the Moorestown Code. Moorestown Code § 180-8.D(3). 21. A conditional use is a use which may be allowed upon the fulfillment of certain conditions, the satisfaction of which is determined by the Planning Board applying definite specifications and standards. See, e.g., N.J.S.A. 40:55D-24, 40:55D-67; Moorestown Code § 180-107 (enunciating standards formerly applied by the Planning Board); Trans, at 304-09, 350. 22. The R-l zone consists of one and one-half acre lots and generally comprises most of the eastern, more rural, relatively less densely developed part of Moorestown, that is, the areas east of Westfield Road. See Trans, at 151-52, 161; Plaintiffs’ Exh. 4; see generally Plaintiffs’ Exh. 36 at 9, 16 (noting that “intent of 1989 Master [Plan] was to preserve rural character in the eastern portion of the Township” and noting that “growth in residential district in the eastern portion of the Township raises the question of whether small scale retañ and personal service uses should be established in reasonable proximity to new neighborhoods”). 23. Section 180-91 requires, inter alia, that certain institutions, including an “assisted care or nursing home ... a continuing-care facility of the senior citizen; home for the aged, indigent or the handicapped” meet a minimum acreage requirement of five acres. Moorestown Code § 180-91(B); Plaintiffs’ Exh. 35. 24. On October 28,1997, McVey informed a representative of LCM that the application did not meet the minimum acreage requirement of section 180-91 because, in the opinion of the Planning Board’s attorney, the 11.2 acres of Lot 1 restricted by the conservation easement could not be utilized to meet the minimum acreage requirement. The letter further informed LCM that it could apply to the Zoning Board for a use variance and site approval. See Plaintiffs’ Exh. 10; Trans, at 24-25; see generally N.J.S.A. 40:55D-70(c) (outlining general power of zoning boards of adjustment to grant variances from zoning ordinances); N.J.S.A 40:55D-76 (providing for concurrent jurisdiction by zoning boards of adjustment to grant site approvals where applicants have also requested use variances). 25. Pursuant to N.J.S.A 40:55D-70, an applicant, following a determination by the Planning Board, could either apply to the Zoning Board for a use variance, appeal the Planning Board’s decision with respect to the minimum acreage requirement to the Zoning Board, or request from the Zoning Board an interpretation with respect to the minimum acreage requirement. See N.J.S.A. 40:55D-70(a)-(c). Advised by McVey of some or all of these options, ALA on or about November 4, 1997, opted to appear before the Zoning Board for an interpretation. Trans at 70-73, 259-60. 26. On or about November 4, 1997, ALA applied for an interpretation as to whether it could utilize part of the 11.2-acre portion of Lot 1 to meet the minimum acreage requirement. Trans, at 26; Compl. at ¶ 17. 27. While the application for an interpretation was pending, LCM contracted to purchase for $260,000 Block 7100, Lot 2 (“Lot 2”), a 2.05-acre plot contiguous with Lot 1 and also zoned R-l. See Trans at 26; Plaintiffs’ Exh. 5-7. Lots 1 and 2 are not within the current or proposed sanitary, sewer service areas of Moorestown. See Plaintiffs’ Exh. 19-20; Trans, at 259. ALA continues to pay $2,000 per month in order to maintain the option to purchase Lot 2. Id. at 13; see also Plaintiffs’ Exh. 4. 28. On December 17, 1997, the Zoning Board heard and decided ALA’s application for an interpretation, and confirmed that, in its view, no portion of the 11.2-acre parcel could be used to satisfy the minimum acreage requirement of section 180-91. See McVey Certify Exh. H. 29. After the affirmance of the Planning Board’s interpretation of the minimum acreage requirement, on or about December 26, 1997, ALA submitted a new site plan and application to the Planning Board proposing to use, in combination, the 3.55 acres of Lot I not encumbered by the conservation easement and the additional 2.05 acres of Lot 2 to meet the minimum acreage requirement of section 180-91. ALA did not propose to use the 11.2 acres encumbered by the equestrian and agricultural easement or to “further subdivide” Lot 1. Trans, at 27; Plaintiffs’ Exh. 7, 11; Certification of Thomas H. Parkinson at ¶¶ 12-13 (dated Sept. 16, 1997) (hereinafter . Parkinson 9/16/97 Certify. 30. On or about January 8, 1997, ALA filed an action in lieu of prerogative writs in the Superior Court of New Jersey, Burlington County, Law Division, against the Township and the Zoning Board claiming that the Township and Zoning Board’s interpretation of section 180-91 with respect to the use of deed-restricted lands, specifically, the 11.2-acre part of Lot 1, to satisfy the minimum acreage requirement, was arbitrary and eaprieioüs, and not in compliance with existing law. See Assisted Living Assoc. of Moorestoum, L.L.C. v. Moorestown Township, et al., Docket No. BUR-L-00046-97, Complaint in Lieu of Prerogative Writ[s] ¶ 14 (dated Jan, 7, 1997); see generally N.J.R.Ct. 4:69; Sylvia B. Pressler, Rules Governing the Court of the State of New Jersey 1430-35 (1997) (discussing use of complaint in lieu of prerogative writs to challenge municipal and municipal agency action). 31. On or about January 29, 1997, and after initial consideration by the Township on January 15, 1997, the Township adopted Ordinance No. 1806-97. See Plaintiffs’ Exh. 13; Certification of John T. Terry, Exh. A (dated Nov. 18,1997); McVey Certif., Exh. I. Section 1 of Ordinance No. 1806-97 added to the special requirements of section 180-91 that institutions “be located within an existing sanitary sewer service area, as shown in the Township’s approved Wastewater Management Plan [and that such institutions] shall connect to the Township sanitary sewer system.” Id. at § 1. By amendment to Moorestown Code § 180-8(D), section 2 of Ordinance No. 1806-97 also removes as conditional uses in the R-l zone “a hospital, sanatorium, nursing home or similar health facility; a home for ... the aged, the handicapped or similar institutional use under the sponsorship of a religious or nonprofit community service organization; ... [and] a continuing care facility for the elderly.” Id. at § 2. 32. Section 3 of Ordinance No. 1806-97 also adds as conditional uses in the R-2 zone “a hospital, sanatorium, nursing home or similar health facility; a home for ... the aged, the handicapped or similar institutional use under the sponsorship of a religious or nonprofit community service organization; ... [and] a continuing care facility for the elderly” if such uses complied with section 180-91 of the Moorestown Code. Id. at § 3. 33. After passage of Ordinance No. 1806-97, the following uses were among those either permitted or conditionally allowable in the R-l zone: agricultural uses, single family homes, public and private schools, a church or similar house of worship, a club or lodge, a kennel, and a cemetery. See Moorestown Code § 180-8. 34. The R-2 zone consists of 20,000 square-foot lots and generally rings the town center area. Trans, at 152; see generally Defendants’ Exh. 4. 35. The effective date of Ordinance No. 1806-97 is February 18, 1997. See, e.g., Plaintiffs’ Exh. 12; McVey Certif., Exh. I. 36. There is no disagreement that Ordinance No. 1806-97 is applicable to ALA’s application by operation of New Jersey’s “time of decision” rule which generally mandates that the statutes in effect at the time of a decision apply to a specific application, including an application pending before the amendment of a statute. Id.; Trans, at 270-71; see generally Manalapan Realty, L.P. v. Township Comm. of Manalapan, 140 N.J. 366, 378-79, 658 A2d 1230 (1995); Pizzo Mantin Group v. Township of Randolph, 137 N.J. 216, 235-36, 645 A.2d 89 (1994); Kruvant v. Mayor & Council of Township of Cedar Grove, 82 N.J. 435, 441-42, 414 A2d 9 (1980); Carl S. Bisgaier & Yvonne Marcuse, Vesting and the Time of Decision Rule, New Jersey Lawyer, Nov./Dec.l997, at 13. 37. It was ALA’s application to the Planning Board for conditional use and site approval which caused McVey to review the language of sections 180-8(D) and 180-91 of Moorestown’s Code, and to recommend to the Planning Board that they be amended and that .Ordinance No. 1806-97 be passed. See Trans, at 260-64; see generally N.J.S.A. 40:55D-26 (providing generally for role of planning boards role in passage of zoning amendments); N.J.S.A 40:55D-32 (providing generally for referral by planning boards of proposed amendments to official zoning maps). 38. Although it is not contested that prompt review of ordinances as a result of pending applications is not unusual, another section of the Township’s Code, Moorestown Code § 180-107, which sets forth the standards which the Zoning or Planning Boards are to apply in exercising their discretion with respect to conditional uses, was not amended in the time since before December, 1995, when those standards were held to be unenforceable. See Trans, at 261-62, 306-310; Plaintiffs’ Exh. 34, 36 at 18 (noting in approximately December, 1995, that “recent litigation has resulted in the need to rewrite the Township’s conditional use standards” and that such standards “are being developed”). 39. Section 1 and section 2 of Ordinance No. 1806-97 negatively affected ALA’s proposed plans because Lots 1 and 2, the Garwood-Westfield Roads site selected by ALA, were not in a sanitary sewer service area and because the proposed use was no longer even conditionally allowable in the R-1 zone. Thus, ALA’s application could no longer be considered by the Planning Board. Rather, ALA would have to apply to the Zoning Board for a variance. Eventually, by letter, McVey informed ALA of the effect of Ordinance No. 1806-97. See Trans, at 29-30; Plaintiffs’ Exh. 11-12. 40. Had ALA applied to the Zoning Board for a variance from section 180-91 requiring institutions to be in a sewer service area, it is “extremely unlikely” that the variance would have been granted. McVey testified without contradiction that he would oppose such a variance and would not have recommended that such a variance be granted. Accordingly, ALA’s application for such a variance would have been futile. See Trans, at 255-59, 263. D. ALA’s Consideration of Alternative Sites and Board Reactions 41. ALA has made substantial efforts to evaluate, prepare site plans, and/or negotiate for the purchase of at least four other properties with an eye toward constructing its facility on them. Some of these were referred to Parkinson by McVey. See, e:g., Trans, at 33, 76. 42. ALA evaluated a potential site located at New Albany Road and Church Street (the “Fisher property”) and considered it inappropriate for an assisted living facility because of its proximity to an industrial district. See, e.g., Trans, at 34,106,117; Parkinson 12/1/97 Certif. at ¶ 11; see also ¶ 16, supra. 43. In late January, 1997, ALA was negotiating with Fred DiMarco for the purchase of a piece of a property approximately 23 acres in size located near the intersection of Main Street and Marter Road in Moorestown (the “DiMarco property”). The property is located in part in the R-2 zone and in part in the SRC-1 (specially restricted commercial) zone, and is within the sewer service area. See Affidavit of Fred DiMarco ¶¶ 3-4 (dated Nov. 19, 1997) (hereinafter DiMarco Afr); see also Plaintiffs’ Exh. 15, 19; Defendants’ Exh. 4; Trans, at 34. 44. On February 6, 1997, the Planning Board met to review informally ALA’s proposal for its assisted living facility on the DiMarco property, which involved an assisted living facility, as well as townhouses and single family homes. Trans, at 35, 332, 339-40. At that meeting, the Board was also considering “the draft ordinance on assisted care facilities.” Plaintiffs’ Exh. 16 at 2. McVey “said [that] the real purpose of the ordinance is to clarify that the minimum five acres is required for institutional use and that no part of that five acres can be deed restricted against any development.” Id. This ordinance, Ordinance No. 1814-97, was eventually passed by the Township. See Plaintiffs’ Exh. 14. 45. Before the arrival of representatives of ALA at the February 6, 1997, meeting, MeVey noted that “these types of facilities are not necessarily good neighbors in the neighborhoods in which they are located despite an ordinance which allows them.” Plaintiffs’ Exh. 16 at 3. In discussing assisted living facilities in Moorestown, another member of the Board, Salvatore Aessi, stated that “you do not want to get into a mind set that ‘it is going to happen — so let’s facilitate.’ ... he cautioned against this kind of thinking that would lead to an approval because we believe it’s inevitable.” Id. 46. During the meeting with representatives of ALA, noting again that assisted living facilities “often ... do not make the neighbors happy,” MeVey stated that the DiMareo property might be suitable for an assisted living facility “since it’s on the edge of an established neighborhood.” Id. at 7. 47. Construction on the DiMareo property would have required rezoning the part of the DiMareo property, which was zoned SRC-1, or a variance. Id. at 13; Trans, at 35; DiMareo Aff., Exh. B; Plaintiffs’ Exh. 17 at 10. 48. During February and March, 1997, ALA also entertained negotiations with John B. Ravikio for the purchase of a 7-acre site (the “Ravikio property”) which is located on the western side of Westfield Road, is within the sewer service area, and is zoned R-2. See Trans, at 38-42; Affidavit of John B. Ravikio (dated Nov. 13, 1997); Defendants’ Exh. 4; Plaintiffs’ Exh. 15, 20. 49. During a February 27, 1997, meeting of the Planning Board, a continuation of the informal dialogue between the Board and ALA regarding the DiMareo property, see Trans, at 343, MeVey reported that ALA was considering purchasing the Ravikio property. Plaintiffs’ Exh. 17 at 10. “Several Board members expressed open surprise and dismay at [the] information” that Ravikio might be willing to discuss selling the property to ALA. Id. Earlier, Aessi had indicated that: [w]e may be getting into a situation where we have an over use in this particular sector____ He ... wonder[ed] if Moorestown doesn’t have its “fair share” of this type of use. He thinks the various applications are coming too quickly with too much emphasis on rushing them through. He also thinks that retirement communities can skew the politics of a community ... He does not wish to see school funding suffer as a result of a preponderance of persons who have no interest in protecting school funding. Id. at 6. Aessi agreed that assisted living complements other types of care of the elderly and handicapped available in Moorestown, but “he still felt all these applications represented an overuse.” Id. at 6-7; see also Trans, at 344-45. MeVey later noted in response that “you can quickly reach a saturation point.” Plaintiffs’ Exh. 17 at 7. 50. Aessi “argued for not setting a precedent. The fear is that approval of one will lead to approval of too many.” Id. at 8. Another Board member, Harry Koons, responded “that a precedent was set when we approved a fast food restaurant in this town. There was a cure for the spread of fast food places and there will be a cure for the proliferation of assisted living facilities.” Id.; see also Trans, at 347. 51. Regarding the placement of facilities for the elderly and handicapped, the minutes note that “MeVey also reminded the Board that we already allow this in residential zones as a conditional use. Residents do not, however, like to have these facilities in the middle of a neighborhood. This is part of the reason why [another application] failed. He believes that [another applicant] was successful in its expansion because it is on the periphery of the town. It’s not a new concept, but do we actually prefer to see it set apart from the center of town?” Plaintiffs Exh. 17 at 8; see generally Plaintiffs’ Exh. 23-24; Trans, at 279-83, 363. 52. Another Board member, Michael Nichols, said that “he didn’t want to be forced to change zoning because you have this building here.” Plaintiffs’ Exh. 17 at 8 (emphasis in original). 53. Another Board member, Andrew Shapiro, stated “that he feels like he is being strong-armed. He thought the process should be slowed way down and if the applicant pushes, make them go to the Zoning Board.” Id. at 8. 54. Another Board member, Milton McFalls, “complained that Moorestown always seemed to have to be the first with new concepts and hard choices. He wished that the Board had the ability or luxury of stepping back and watching someone else do it first.” Id. at 9. 55. Thomas Keyes, a Board member, “pointed out that you cannot just tell these applicants ‘no’ without a justification. What’s our justification? [He] also commented that these discussions overlooked the need factor.” Nichols, however, “disagreed with that assessment.” Id. 56. Counsel for the Planning Board said that “[i]f Assisted Living comes in with the ... Ravikio application, that would be the hardest scenario to control. He too could find no easy way to deny such an application.” Id. at 10. E. ALA’s Wilson Application and Further Changes in Moorestown’s Zoning Scheme 57. In late-February 1997, the Township answered ALA’s Complaint in Lieu of Prerogative Writs and asserted by way of counterclaim that ALA’s proposed use would violate the conservation easement encumbering part of Lot 1. See ALA of Moorestown, L.L.C. v. Moorestown Township, et al., BUR-L-00046-97, Answer and Counterclaim at p. 4-5 (dated Feb. 25,1997); see also ¶ 18, supra. 58. In March 1997, the Township passed Ordinance No. 1813-97 which added assisted living facilities as a conditional use in the CIO (eommercial-institutional/office), CRO (commercial-retail/offiee), and CHS (commercial highway services) zones. McVey Certif. at ¶ 26. After the passage of this Ordinance, assisted living was a permitted or conditional use in ten of Moorestown’s zoning districts, the Rl-A, R-2, R-3, R-3TH, RSC (residence-senior citizen), RLC (residence-limited commercial), and the three districts added by the Ordinance. Id. at ¶ 25; see also Trans, at 250; Defendants’ Exh. 4. 59. On March 11,1997, ALA amended its Complaint then pending in the New Jersey Superior Court against the Township and the Zoning Board to allege a cause of action under the Fair Housing Act, 42 U.S.C. §§ 3601 et seq. See ALA of Moorestown, L.L.C. v. Moorestown Township, et al., BUR-L-00046-97, Answer to Counterclaim and Amended Complaint (dated March 11, 1997). 60. After having considered and/or proposed using Lot 1, Lots 1 and 2 combined, the Fisher property, the Ravikio property, and the DiMarco property, sometime in approximately April, 1997, ALA became interested in a sixth potential site on which to build its facility in Moorestown, the “Wilson property.” See, e,g., Parkinson Certif. 9/16/97; McVey Certif., Exh. M. The Wilson property was always considered a “fail-safe” option by ALA. Trans, at 44,115,123. 61. The Wilson property, zoned R-2, is located approximately at the intersection of Linden Street and Allen’s Lane, an unpaved dirt road. See Trans, at 42; Defendants’ Exh. 4. The success of any development of an assisted living facility on the Wilson property would depend, to some extent, on the approval and development of a housing complex, the “Wexford development,” on nearby property because the Wexford development would bring a paved road, and sewer and water service to that area of Moorestown. Trans, at 42-45, 83, 86, 89, 295-96. 62. In approximately November, 1997, the Wexford development received the necessary approvals from the Planning and/or Zoning Boards. See Trans, at 197. Construction of the Wexford development has not proceeded because, as of yet, the Lockheed Martin Corporation, the party which received the necessary approvals, has not yet found a purchaser for the land and development opportunity. See id. at 366. Construction of the development is not expected to begin until the middle, or Summer of 1998. Id. at 197, 295-96, 365-66. 63. On December 1, 1997, ALA -withdrew its application for site plan approval for the Wilson property citing, among other reasons, restricted access, development costs, and nearby arsenic and water pollution which ALA learned about after its initial application, see Trans, at 115, and had caused to be investigated by environmental engineering consultants. See Plaintiffs’ Exh. 21; Defendants’ Exh. 9; Trans, at 45-47, 84, 115, 117-123; see also id. at 195-96 (discussing arsenic and water pollution). ALA has no applications currently pending before the Zoning or Planning Boards. F. Continuing Litigation over ALA’s Application 64. In addition to the action pending in the New Jersey Superior Court, on September 4, 1997, ALA along with LCM and the Doe Plaintiffs, both of whom were not parties to the state court action, filed a Verified Complaint in this Court naming as Defendants, the Township and the Zoning Board, which had both been named in the state court action, as well as the Planning Board, which had not. See Compl. at ¶¶ 7-9. 65. The Complaint alleges that Ordinance No. 1806-97 violates the Fair Housing Act (the “FHA”), 42 U.S.C. §§ 3601 et seq., that Defendants have intentionally discriminated against the handicapped and “interfered with persons having aided or encouraged other persons in the exercise or enjoyment of rights” protected by the FHA, and that Defendants have failed to make a reasonable accommodation to the handicapped. Compl. at ¶¶ 24-31. Plaintiffs also allege violations of the Equal Protection and Due Process clauses of the United States and New Jersey Constitutions. See id. at ¶¶ 32-34; see also U.S. Const, amend. V, XIV; N.J. Const, art. 1, ¶ 1; Southern Burl. Cty. N.A.A.C.P. v. Township of Mount Laurel, 67 N.J. 151,174-75, 336 A2d 713 (noting that guarantees of substantive due process and equal protection, though not expressed in those terms, have nevertheless been deemed inherent in Article 1, paragraph 1 of New Jersey Constitution), cert. denied, 423 U.S. 808, 96 S.Ct. 18, 46 L.Ed.2d 28 (1975). Finally, Plaintiffs allege that Defendants improperly restrict the use of private property in violation of the New Jersey Constitution and the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. See Compl. at ¶¶ 35-37. 66. On October 10, 1997, after a hearing, the Honorable Ronald E. Bookbinder, Judge of the Superior Court, dismissed without prejudice ALA’s Amended Complaint in Lieu of Prerogative Writs then pending in the Superior Court. See Certification of Steven C. Rother, Esq. ¶ 3, Exh. I at 20, Exh. II (dated Nov. 28, 1997) (hereinafter Rother 11/28/97 Certif.); Letter from Peter R. Thorndike, Esq. Exh. 1 (dated Dee. 5, 1997); Trans, at 208, 419-20. 67. On November 21, 1997, Plaintiffs moved for a preliminary injunction in this Court and, several weeks later, on December 11 and 17, 1997, the Court conducted two days of hearings. 68. On December 16, 1997, Judge Bookbinder entered final judgment against ALA on the Township’s counterclaim, see ¶ 57, supra, and enjoined ALA from violating the conservation easement, subject to the Township and Zoning Board’s right to file a motion for reconsideration. ALA of Moorestown, L.L.C. v. Moorestown Township, et al., BUR-L-00046-97, Order (dated Dec. 16, 1997); see also ALA of Moorestown, L.L.C. v. Moorestown Township, et al., BUR-L-00046-97, Order (dated Dee. 19, 1997) (dismissing ALA’s claims without prejudice subject to the condition that any subsequent prerogative writs action would be untimely). 69. On January 7, 1997, Judge Bookbinder entered an Amended Judgment on the Township’s counterclaim, granting final judgment against ALA and enjoining ALA from using the 11.2-acre part of Lot 1 to satisfy the 5-acre bulk requirement. See ALA of Moorestown, L.L.C. v. Moorestown Township, et al., BUR-L-00046-97, Amended Judgment on Counterclaim (dated Jan. 7, 1998). There currently is no litigation pending in state court. G. Sewer Service and Development in Moorestown 70. Within Moorestown, in general there are two areas east of Westfield Road which are, or are proposed to be, served by public sewers. See, e.g., Plaintiffs’ Éxh. 19-20. 71. The Laurel Creek development consists or will consist of approximately 470 units clustered around a golf course, and possibly some substantial amount of office space. It is or will be, by agreement, serviced entirely by the Mount Holly Sewerage Authority, not by Moorestown’s sewer system. See Plaintiffs’ Exh. 19-20; Defendants’ Exh. 1 at 2, 2A, 17-19; Trans, at 90, 160-61, 163-64, 357. 72. The Moorestown Hunt development, which consists or will consist of approximately 250 homes on lots ranging from 12,000 to 13,000 square-feet, is or will be serviced entirely by Moorestown’s sewer system. See, e.g., Trans, at 50-51; Plaintiffs’ Exh. 19-20. 73. The development of, and provision of public sewer service to, the Laurel Creek and the Moorestown Hunt developments are considered by the Township’s zoning authorities to be “aberrations” to the Township’s plan for development. See Trans, at 158, 161. 74. The sewering, of the Laurel Creek and Moorestown Hunt developments was permitted by the Township only as a means to satisfy Moorestown’s obligations to provide a certain amount of low- and moderate-income housing. Trans, at 158-161. Basically, in exchange for a monetary contribution, which the Township would use to build low- and moderate-income housing in other locations of the Township, the Township approved the Moorestown Hunt development and agreed to work with the developers to provide public sewer access to the Moorestown Hunt development. See Trans, at 91, 158-161, 319-320. 75. The arrangement with respect to the Laurel Creek development is similar: in exchange for a monetary contribution which would allow the Township to satisfy its obligations to provide for low- and moderate-income housing, certain changes to Moorestown’s zoning requirements, specifically changes with respect to density requirements and changes with respect to proposed sewer service areas, were effected. See id. at 158-161, 319-20, 337-38; Defendants’ Exh. 1 at 17-19. The agreement with the Mount Holly Sewerage Authority, see ¶ 71, supra, was a result of this arrangement. 76. The contributions to the Township for low- and moderate-income housing by developers and/or builders as a result of the arrangements with respect to Moorestown Hunt and Laurel Creek total approximately $5.6 million. Id. at 160. 77. In order to provide sewer service to Lots 1 and 2, ALA has proposed either to connect at its own expense to the Township’s existing sewer system by installing a 4- or 6-inch gravity line into the sewer connection at the middle of Westfield Road, or to construct an on-site septic system. See Trans, at 55-56, 93, 115-16, 126-28; see also Plaintiffs’ Exh. 22 passim & n. 21. McVey testified that permanent septic systems are not appropriate for facilities of the size of the proposed assisted living facility because of certain unspecified “problems down the road” with such a system. Such a system is, however, technically feasible. Id. at 259. 78. Moorestown’s wastewater management plan, with the exception of the two “aberrations” referred to above, see ¶ 73, supra, provides for sewer service to the west of Westfield Road and septic systems to the east of Westfield Road. See id. at 155-57. 79. Allowing sewer service for Lots 1 and 2 would be inconsistent with the wastewater management plan “without- coming up with compelling reasons, both in terms of [the Township’s] treatment plant capacity as well as [in terms of] other property owners” who have been rejected when they requested sewer service. See id. at 163,259. 80. In order to amend Moorestown’s wastewater management plan, various municipal authorities, including the Township, and state regulatory authorities must approve the amendment of the plan. Trans, at 162-68; see also id. at 93-94 (noting generally that the State authorities agree to changes to the wastewater management plan if the Township supports such changes). H. Existing and Approved Facilities for the Elderly and Handicapped in Moorestown 81. There are currently four operating facilities in Moorestown which provide various forms of long-term care for the elderly. See, e.g., MeVey Certif. at ¶ 34. 82. The Lutheran Home provides licensed nursing care for approximately 191 residents, residential healthcare for 79 residents, and provides 13 residents with an independent living environment. Trans, at 132, 232-233,236-37; Defendants’ Exh. 3.D.1 to 3.D.7. 83. The Greenleaf Extension is a 34-bed skilled nursing facility and also provides a 21-bed boarding house and 7 apartments. It is not a licensed assisted living facility. See Certification of David G. Kostinas ¶ 4 (hereinafter Kostinas Certif.); Trans, at 238; Plaintiffs’ Exh. 32; Defendants’ Exh. 3.E.1 to 3.E.8. The Greenleaf Extension intends to discontinue the provision of skilled nursing care at this facility, to relocate these residents elsewhere, and to convert the nursing facilities into additional boarding units. See Kostinas Certif. at ¶¶ 4-5; Trans, at 238. It will be difficult to relocate the patients currently residing at the Greenleaf Extension to a nursing home or assisted living facility in Moorestown because two other potential locations are at or near full capacity. See Kostinas Certif. at ¶ 5. 84. The Evergreens is a licensed nursing home which also provides other levels of continuing care for approximately 400 total elderly residents. The Evergreens is not a licensed assisted living facility. See Trans, at 132, 241-42; Plaintiffs’ Exh. 32. But see Trans, at 272. 85. The Moorestown Ecumenical Neighborhood Development, M.E.N.D., Inc., operates several different types of senior care facilities, none of which is a licensed assisted living facility. Among those are Teaberry Run, consisting of 24 units, the Moorestown Court facility, consisting of 8 units, the Leñóla School apartments, consisting of 33 units, the Old Firehouse facility, consisting of 8 units, and the Stokes Place building, consisting of 16 units. Id. at 244-50; Defendants’ Exh. 3.G.1 to 3.G.2, 3.K.1 to 3.K.3, 3.1.1 to 3.1.3, 3.J.1 to 3.J.2, 3.H.1 to 3.H.2. II. Conclusions of Law A. Procedural Issues Defendants have raised several procedural issues which, they contend, either prevent Plaintiffs from maintaining this action, or prevent the Court from exercising jurisdiction over, or rendering a decision in, this action. For the reasons set forth below, I conclude that these concerns are misguided and without merit. i. Standing 1. There are three elements for constitutional standing: injury, causation, and redressability. See generally Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). The Planning Board claims that Plaintiffs do not have standing to sue because they do not satisfy the injury prong. The Planning Board asserts, without any explanation, that the injuries to Plaintiffs are “conjectural.” Planning Board’s Proposed Findings of Fact and Conclusions of Law ¶ 17 at 10 (dated Jan. 12, 1998) (hereinafter Planning Board’s Proposed Findings). Congress has provided a cause of action under 42 U.S.C. § 3613 to a particularly broad group of potential plaintiffs: “an aggrieved person,” which is defined to include “any person who (1) claims to have been injured by a discriminatory housing practice; or (2) believes that such person will be injured by a discriminatory housing practice that is about to occur.” 42 U.S.C. § 3602(i) (emphasis added). Preventing a developer from providing housing to the elderly and handicapped by denying the elderly and handicapped a reasonable accommodation and by resorting to discrimination against the development’s future residents, is not a conjectural injury under the FHA. Nor is causing, as a direct and foreseeable result of the alleged discrimination, the developer to incur substantial additional expenses to provide such housing, e.g., costs to search for alternative sites and costs to maintain an option to purchase land. See, e.g., Hovsons, Inc. v. Township of Brick, 89 F.3d 1096, 1100 n.2 (3d Cir.1996) (noting that FHA has been interpreted to permit broad assertions of third-party standing); LeBlanc-Sternberg v. Fletcher, 67 F.3d 412, 425 (2d Cir.1995) (concluding that “where it has been established that a zoning ordinance will likely be applied in a discriminatory manner, it is unnecessary that the municipality actually so apply it before the ordinance may properly be challenged”), cert. denied, 518 U.S. 1017, 116 S.Ct. 2546, 135 L.Ed.2d 1067 (1996); Growth Horizons, Inc. v. Delaware County, Pennsylvania, 983 F.2d 1277, 1281-82 & nn. 6-7 (3d Cir.1993); Judy B. v. Borough of Tioga, 889 F.Supp. 792, 797 (M.D.Pa.1995); Kessler Inst. for Rehabilitation, Inc. v. Mayor & Council of the Borough of Essex Fells, 876 F.Supp. 641, 651-52 (D.N.J.1995); Horizon House Dev’t Serv., Inc. v. Township of Upper Southampton, 804 F.Supp. 683, 692 (E.D.Pa. 1992), aff'd mem., 995 F.2d 217 (3d Cir.1993). Accordingly, I conclude that ALA and LCM do have standing to maintain a cause of action under 42 U.S.C. § 3604, both on then-own behalf and in the name of the Doe Plaintiffs. ii. Ripeness 2. The Township argues that the controversy is not ripe. It contends that, because ALA never applied to the Zoning Board for a variance, it cannot be determined how the applicable zoning regulations, specifically, the ordinance which requires an assisted living facility to be within the Township’s sewer service area and which prevents them from being even conditionally allowable in the R-l district, will apply to ALA. See, e.g., Letter from Peter R. Buchsbaum, Esq. 4 (dated Dec. 16,1997). Although not cited by the Township, some authority for this proposition may be found in Ademo v. Mitchell, 6 F.3d 970 (3d Cir.1993) (discussing Williamson Cty. Reg’l Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985) and Taylor Inv., Ltd. v. Upper Darby Township, 983 F.2d 1285 (3d Cir.1993), cert. denied, 510 U.S. 914, 114 S.Ct. 304, 126 L.Ed.2d 252 (1993)). The record in this case illustrates that Plaintiffs have made a substantially stronger showing than the plaintiffs in Acierno, Taylor, or Williamson on the two factors which must be considered by the Court in determining whether there is a ripe controversy: the “fitness of issues for judicial decision” and the “hardship to the parties of withholding court consideration.” Abbott Labs. v. Gardner, 387 U.S. 136, 149, 87 S.Ct. 1507, 18 L. Ed.2d 681 (1967), overruled on other grounds by Califano v. Sanders, 430 U.S. 99, 105, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977); see also 15 James Wm. Moore & Martin H. Redish, Moore’s Federal Practice § 101.76 (3d ed.1997) (noting that fitness prong of ripeness inquiry may involve finality of agency action, certainty of events, or development of factual record necessary for decision). The common thread in Ademo, Taylor, and Williamson is that the plaintiffs in those cases could not conclusively know whether and/or to what extent they would be injured without a more final determination of the application and/or of the impact of zoning regulations. Particularly important to each decision was the notion that “local zoning authorities are flexible institutions ... that may give back with one hand what they have taken with the other,” that is, that local zoning authorities should have the opportunity to mitigate or remedy a potential injury. Taylor, 983 F.2d at 1294; see also Acierno, 6 F.3d at 975; Williamson, 473 U.S. at 190 (noting that applicant never formally attempted to resolve its zoning problem). In this case, however, there is no question as to what the result of an application for a variance from the sewer-related aspects of Ordinance No. 1806-97, see ¶ 31, supra, would be. The Township’s own witness, McVey, one of the most knowledgeable and influential figures within the Township, if not the most, with respect to zoning and planning, testified that it is “extremely unlikely” that a variance would be granted and that he would not recommend such a variance. Considering the fact that the proposed facility would not be in a sanitary sewer service area, something that he testified would be inconsistent with the Township’s plans, he agreed that such a request would be futile. See ¶ 40, supra. This testimony was unrebutted and unchallenged. It confirms that there is “no question about how the regulations at issue [would apply] to the particular land in question.” Suitum v. Tahoe Reg’l Planning Agency, — U.S. -,-, 117 S.Ct. 1659, 1667, 137 L.Ed.2d 980 (1997) (citing Williamson, 473 U.S. at 186). The proposition that “litigants are not required to make futile gestures to establish ripeness,” Sammon v. New Jersey Bd. of Med. Examiners, 66 F.3d 639, (3d Cir.1995), has been applied in numerous zoning and non-zoning cases to establish the necessary certainty and finality that the “fitness” prong of the Abbott test requires. See, e.g., Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1012 n. 3, 112 S.Ct. 2886, 120 L.Ed.2d 798 (noting that claim was not unripe under Williamson where submission of a development plan to applicable state authority “would have been pointless, as [the defendant] stipulated below that no building permit would have been issued ... application or no application”); Regional Rail Reorganization Act Cases, 419 U.S. 102, 143 & n. 29, 95 S.Ct. 335, 42 L.Ed.2d 320 (1974) (“where the inevitability of the operation of a statute against certain individuals is patent,” particular future contingency was “irrelevant to the existence of a justiciable controversy”); United States v. Village of Palatine, Illinois, 37 F.3d 1230, 1234 (7th Cir.1994) (holding that, in order to have justiciable controversy, plaintiff need not resort to procedures to remedy zoning decision where such resort is “manifestly futile” or “foredoomed”); Bannum, Inc. v. City of Louisville, 958 F.2d 1354, 1362-63 (6th Cir.1992) (holding that finality means that “further administrative action by [the applicant] would not be productive .... [This test] can be met by ... evidence [other than exhaustion of remedies] and can be satisfied prior to compliance with all the requisite procedures”); Southern Pac. Transp. Co. v. City of Los Angeles, 922 F.2d 498 (9th Cir.1990) (noting that futility does not completely exempt property owner from applying for approval of development in order to have ripe controversy, but only from submitting multiple applications where result is clear), cert. denied, 502 U.S. 943, 112 S.Ct. 382, 116 L.Ed.2d 333 (1991); Doe v. City of Butler, Pennsylvania, 892 F.2d 315, 322 (3d Cir.1989) (holding that plaintiffs’ challenge to zoning provisions was not unripe where certain zoning application had not been rejected, since application would have been futile); Horizon House Dev’t Serv., 804 F.Supp. at 692 (“housing provider is not required to wait until a governmental entity enforces its rules against it before bringing suit”); Easter Seal Soc’y of New Jersey v. Township of N. Bergen, 798 F.Supp. 228, 236 (D.N.J.1992) (finding that “any further efforts to work within the municipal administrative apparatus [by pursuing appeals] would be an exercise in futility”); compare Oxford House-C v. City of St. Louis, 77 F.3d 249 (8th Cir.) (finding that conclusion that application for variance would have been futile was clearly erroneous where evidence was that neighbors merely opposed variance and local board routinely granted variances despite neighbor opposition), cert. denied, — U.S. -, 117 S.Ct. 65, 136 L.Ed.2d 27 (1996); see also National Rifle Ass’n of Am. v. Magaw, 132 F.3d 272, 289 (6th Cir.1997) (noting that pre-enforcement review of statute or ordinance is allowed over ripeness challenge where enforcement is inevitable); see generally Michael K. Whitman, The Ripeness Doctrine in the Land-Use Context: The Municipality’s Ally and the Landowner’s Nemesis, 29 Urban Law. 13, 39-45 (1997) (discussing futility exception). As additional evidence in favor of finding ripeness under Abbott, I look to the type of injury alleged. Numerous courts have stressed that housing discrimination causes a uniquely immediate injury. Such discrimination, which under the FHA includes a refusal to make reasonable • accommodations, makes these controversies ripe. See, e.g., Bryant Woods Inn, Inc. v. Howard Cty., Maryland, 124 F.3d 597, 601 (4th Cir.1997) (distinguishing FHA claims from Just Compensation-Fifth Amendment claims and holding that a “violation of the FHA occurs when the disabled resident is first denied a reasonable accommodation, irrespective of the remedies granted in subsequent proceedings”); Buckeye Community Hope Found, v. City of Cuyahoga Falls, 970 F.Supp. 1289, 1309-10 (N.D.Ohio.1997) (where allegedly illegal act was felt in concrete way by developer and related entities, challenge was ripe); Kessler Inst., 876 F.Supp. at 656-57 (noting that economic, associational, and stigmatic injuries created ripe controversy and that condemnation of property need not occur for claims to “crystallize”); cf. Growth Horizons, 983 F.2d at 1283 n.8 (“conduct short of foreclosing a housing opportunity may violate the [FHA]”). Therefore, because of the futility of a variance application and the type of injury alleged, I conclude that nothing about the controversy as it exists at the preliminary injunction stage, either the factual record, agency decision, or the injuries caused by the allegedly discriminatory zoning ordinance and the deprivation of an allegedly reasonable accommodation, is remote or uncertain such that the controversy is not fit for judicial resolution. On the second prong of the ripeness test, it is clear that ALA, LCM, and the Doe Plaintiffs will endure hardship if consideration of the issue were withheld on grounds that the controversy is not ripe. Indeed, sending Plaintiffs back to the Zoning Board in a futile search for a variance deserves the interests of all of the parties. First, the factual record in this ease is well-developed such that a feckless variance application is remarkably unlikely to shed light on whether the accommodation requested is reasonable or necessary. Applying for such a variance will only delay resolution of this action and the provision of preliminary injunctive relief. Second, forcing ALA and LCM to continue to expend funds to maintain their option to purchase part of the Garwood-Westfield Roads site and preventing them from generating a profit imposes a substantial hardship on ALA and LCM. Third, where the New Jersey Department of Health has certified that there is a need for an assisted living facility in Burlington County, further delays in adjudicating the motion for a preliminary injunction disserve the interest of the Doe Plaintiffs and, indeed, as I point out later, see ¶ 22, infra, the public interest generally. This is because one currently operating nursing facility is discontinuing service and two other senior care facilities are at or near fiill capacity. See ¶88, swpra. Finally, Defendants have suggested no reason why rendering a decision, without requiring Plaintiffs to apply to the Zoning Board for a use variance, would work a hardship on them. Accordingly, I conclude there is no doubt that the controversy over the propriety of the ordinance and the reasonableness of the accommodation requested is sufficiently concrete such that it is fit for judicial resolution and that withholding a judicial decision would work substantial hardship on Plaintiffs. Therefore, I hold that the controversy is ripe. iii. Res Judicata and New Jersey’s Entire Controversy Doctrine Defendants have made various arguments regarding the nature of the state court action and its effect on this action. 3. Pursuant to 28 U.S.C. § 1738, a federal court must give a state court judgment the same effect' the courts of the state which rendered the judgment would give such a judgment. Nothing about the FHA claim that was asserted in the state court action could be deemed res judicata by a New Jersey court because that claim was not litigated on the merits in the state court and was eventually dismissed without prejudice, and not for failure to comply with any rule or order. The dismissal of the state action would not be given res judicata effect under New Jersey law. See Mortgagelinq v. Commonwealth Land Title Ins. Co., 142 N. J. 336, 346, 662 A.2d 536 (1995) (discussing New Jersey preclusion law); see, e.g., Arena v. Borough of Jamesburg, 309 N.J.Super. 106, 706 A.2d 790 (App.Div. 1998); Car Spa, Inc. v. High Tech of S & C, Inc., 267 N.J.Super. 422, 424, 631 A.2d 992 (App.Div.1993), certif. denied, 135 N.J. 304, 639 A.2d 303 (1994). 4. The Planning Board was not named as a Defendant in the state court action. The Planning Board has now argued that New Jersey’s entire controversy doctrine bars assertion of claims against the Planning Board in the federal action since the Planning Board could have been joined in the state court action, but was not. See Letter from Dennis P. Talty, Esq. 2 (dated Dec. 16,1997) (hereinafter Talty Letter); see also Planning Board’s Proposed Findings ¶20 at 10 (arguing that “the claims which are the subject of the federal court complaint were brought or could have been brought in the state court proceeding. Under the entire controversy doctrine the plaintiffs were obligated to bring all claims in one proceeding”) (emphasis added). In Rycoline Products v. C & W Unlimited., 109 F.3d 883 (3d Cir.1997), the Third Circuit dealt with a similar issue. In that case, Rycoline, a chemical products manufacturer, sued a competitor and several former employees who had left Rycoline to join the competitor in state court. The original eomplaint alleged several state and common law causes of action. After some procedural wrangling, including the denial of Rycoline’s motion to amend the complaint to add certain federal causes of action, but not others, and while the state court action was still pending, Rycoline filed a substantially similar action in federal court, expanding slightly the scope of its original claims and adding claims which the state court had prevented Rycoline from asserting in the amended complaint. Rycoline also asserted claims against a defendant whom it had not sued in state court. Id. at 884. After a comprehensive examination of New Jersey’s entire controversy jurisprudence, the Third Circuit held that the entire controversy doctrine, recognized and codified in N.J.R.Ct. 4:30A, does not preclude the initiation of a second litigation before the first action has been concluded. Id. at 888-89 (discussing relation between Mortgagelinq and Kaselaan & D'Angelo Assoc., Inc. v. Soffian, 290 N.J.Super. 293, 675 A.2d 705 (App.Div.1996)); see also Pittston Co. v. Sedgwick James of N.Y., 971 F.Supp. 915 (D.N.J.1997) (discussing impact of Rycoline); Fioriglio v. City of Atlantic City, 963 F.Supp. 415, 424 (D.N.J.1997) (discussing scope of Rycoline and declining to apply entire controversy doctrine to bar second federal suit where state law claims were dismissed as outside applicable statutes of limitations in first federal suit); see generally Hulmes v. Honda Motor Co., 924 F.Supp. 673 (D.N.J.1996) (discussing history and evolution of entire controversy doctrine and noting effect of voluntary dismissal on its operation and application). Thus, applying the holding of Rycoline, this federal action filed by ALA, LCM, and the Doe Plaintiffs, is not barred by the then-pending state court action filed by ALA. Furthermore, in addition to' Rycoline, there are at least two other reasons, each sufficient by itself, as to why the entire controversy doctrine does not affect the litigation of the FHA and other claims in this Court. First, the absence of any res judicata effect of the state court litigation on the FHA claims militates against the application of the entire controversy doctrine. See Hulmes, 924 F.Supp. at 682-83 (discussing Cafferata v. Peyser, 251 N.J.Super. 256, 597 A.2d 1101 (App.Div.1991)); Arena, 706 A.2d at 792 (“the entire controversy doctrine does not affect a plaintiffs right to file a new action based on the same factual allegations as a prior action which has been dismissed without prejudice under [N.J.R.Ct.] 4:37-1(a)”). Second, the Planning Board has not suggested that it has suffered any disadvantage or unfairness as a result of its not being joined as a party to the state court action, an action which was not extensively litigated. See, e,g., DiTrolio v. Antiles, 142 N.J. 253, 273-74, 662 A.2d 494 (1995) (discussing role of fairness considerations in applying entire controversy doctrine). Thus, I conclude that the federal action filed by ALA and LCM on behalf of themselves and the Doe Plaintiffs against the Township, the Planning Board, and the Zoning Board is not barred by operation of the entire controversy doctrine as a result of the state court action naming the Township and Zoning Board, which was pending when the federal action was initiated. iv. Abstention 5. Among them, Defendants have raised numerous abstention doctrines in a kind of collective “we hope something sticks” strategy. For the reasons set forth below, I find that none of the abstention doctrines advanced by Defendants is applicable to this case. Accordingly, the Court will not abstain from deciding the motions for a preliminary injunction, for summary judgment, and to dismiss. a. Pullman Abstention 6. Citing Railroad Comm’n of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941), the Township argues that an unsettled question of state property law, which may affect the ability of ALA to construct its facility, requires abstention. Pullman abstention, however, is not required