Suing for the 'Civil Right' to Develop Housing

A developer is claiming that the New Jersey borough of Upper Saddle River violated its "civil rights" to provide housing in a New Jersey community.

1 minute read

July 7, 2015, 2:00 PM PDT

By James Brasuell @CasualBrasuell


"Mack-Cali Realty Corp., which is seeking to build luxury apartments on Lake Street [in Upper Saddle River, New Jersey], plans to ask a judge to consider — without a trial — claims that the borough violated the developer's civil rights," reports Marina Villeneuve.

According to a September complaint filed by the developer, by failing to act on a zoning request that would have allowed a mixed use development including 240 units, Upper Saddle River has violated the developer's civil rights.

Villeneuve shares some of the text in the complaint: "The refusal to allow for multifamily housing 'illegally excludes persons from residing in the borough,' says the complaint. The borough's actions also 'deprive Mack Cali of its right to make housing available,' it reads."

Villeneuve also reports that Mack-Cali is alleging two violations of the federal Fair Housing Act, according to documents filed with the court in July.

Affordable housing isn't the only hot planning topic in play with the court case. The site's current use as suburban office space is proving too hard to market, according to the complaint by Mack-Cali Realty. The change from office to residential use is therefore described as a sign of the times. 

Monday, July 6, 2015 in The Record

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

June 25, 2025 - Diana Ionescu

Map of Western U.S. indicating public lands that would be for sale under a Senate plan in yellow and green.

Map: Where Senate Republicans Want to Sell Your Public Lands

For public land advocates, the Senate Republicans’ proposal to sell millions of acres of public land in the West is “the biggest fight of their careers.”

June 19, 2025 - Outdoor Life

Person wearing mask walking through temporary outdoor dining setup lined with bistro lights at dusk in New York City.

Restaurant Patios Were a Pandemic Win — Why Were They so Hard to Keep?

Social distancing requirements and changes in travel patterns prompted cities to pilot new uses for street and sidewalk space. Then it got complicated.

June 19, 2025 - Diana Ionescu

Close-up of full beer glass with purple train-themed design sitting on bar between two frosty tall cans.

Platform Pilsner: Vancouver Transit Agency Releases... a Beer?

TransLink will receive a portion of every sale of the four-pack.

June 30 - Cities Today

Vintage red Toronto streetcar passing in front of Rogers Arena in Toronto, Canada.

Toronto Weighs Cheaper Transit, Parking Hikes for Major Events

Special event rates would take effect during large festivals, sports games and concerts to ‘discourage driving, manage congestion and free up space for transit.”

June 30 - blogTO

Map of Berlin with ring roads in green and red.

Berlin to Consider Car-Free Zone Larger Than Manhattan

The area bound by the 22-mile Ringbahn would still allow 12 uses of a private automobile per year per person, and several other exemptions.

June 30 - Streetsblog USA

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.