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

Historic homes in St. Augustine, Florida.

Florida Considers Legalizing ADUs

Current state law allows — but doesn’t require — cities to permit accessory dwelling units in single-family residential neighborhoods.

March 18, 2025 - Newsweek

Aerial view of suburban housing near Las Vegas, Nevada.

HUD Announces Plan to Build Housing on Public Lands

The agency will identify federally owned parcels appropriate for housing development and streamline the regulatory process to lease or transfer land to housing authorities and nonprofit developers.

March 17, 2025 - The Wall Street Journal

Canadian flag in foreground with blurred Canadian Parliament building in background in Ottawa, Ontario, Canada.

Has President Trump Met His Match?

Doug Ford, the no-nonsense premier of Canada's most populous province, Ontario, is taking on Trump where it hurts — making American energy more expensive.

March 11, 2025 - Toronto Star

Orange sign with white "Electric vehicle charging only" sign outdoors with tree in background.

10 States Follow Through on Promise to Put 3.3 Million EVs on the Road

Rebate programs are at the heart of collaborative success.

45 minutes ago - Oregon Capital Chronicle

Red and yellow surfboards leaning against fence in Maui, Hawaii.

Surf’s Upcycling: Hawai‘i’s Latest Green Building Material is Recycled Surf Boards

“Surf Blocks” are fire-resistant, termite-proof, and close the loop on mountains of waste from the state’s beloved sport.

March 19 - Honolulu Civil Beat

Group of older people sitting at table indoors laughing.

Building Age-Friendly Homes

Designing for the unique needs of elderly people can help them maintain social connections and mental acuity.

March 19 - Happy Cities