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

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

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.

April 30, 2025 - Diana Ionescu

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20, 2025 - Streetsblog USA

Close-up of white panel at top of school bus with "100% electric" black text.

Driving Equity and Clean Air: California Invests in Greener School Transportation

California has awarded $500 million to fund 1,000 zero-emission school buses and chargers for educational agencies as part of its effort to reduce pollution, improve student health, and accelerate the transition to clean transportation.

April 30 - California Air Resources Board

Aerial view of Freeway Park cap park over I-5 interstate freeway in Seattle, Washington at night.

Congress Moves to End Reconnecting Communities and Related Grants

The House Transportation and Infrastructure Committee moved to rescind funding for the Neighborhood Equity and Access program, which funds highway removals, freeway caps, transit projects, pedestrian infrastructure, and more.

April 30 - Streetsblog USA

"No Thru Traffic - Open Streets Restaurants" sign in New York City during Covid-19 pandemic.

From Throughway to Public Space: Taking Back the American Street

How the Covid-19 pandemic taught us new ways to reclaim city streets from cars.

April 30 - Next City