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 11, 2025 - Diana Ionescu

Metrorail train pulling into newly opened subterranean station in Washington, D.C. with crowd on platform taking photos.

Congressman Proposes Bill to Rename DC Metro “Trump Train”

The Make Autorail Great Again Act would withhold federal funding to the system until the Washington Metropolitan Area Transit Authority (WMATA), rebrands as the Washington Metropolitan Authority for Greater Access (WMAGA).

June 2, 2025 - The Hill

Large crowd on street in San Francisco, California during Oktoberfest festival.

The Simple Legislative Tool Transforming Vacant Downtowns

In California, Michigan and Georgia, an easy win is bringing dollars — and delight — back to city centers.

June 2, 2025 - Robbie Silver

Color-coded map of labor & delivery departments and losses in United States.

The States Losing Rural Delivery Rooms at an Alarming Pace

In some states, as few as 9% of rural hospitals still deliver babies. As a result, rising pre-term births, no adequate pre-term care and harrowing close calls are a growing reality.

3 hours ago - Maine Morning Star

Street scene in Kathmandu, Nepal with yellow minibuses and other traffic.

The Small South Asian Republic Going all in on EVs

Thanks to one simple policy change less than five years ago, 65% of new cars in this Himalayan country are now electric.

5 hours ago - Fast Company

Bike lane in Washington D.C. protected by low concrete barriers.

DC Backpedals on Bike Lane Protection, Swaps Barriers for Paint

Citing aesthetic concerns, the city is removing the concrete barriers and flexposts that once separated Arizona Avenue cyclists from motor vehicles.

7 hours ago - The Washington Post