Developer Sues West Orange In Attempt To Keep NFL Billionaires’ Plan Alive

ESSEX COUNTY, NJ — A contentious battle over the fate of a large patch of forest in North Jersey isn’t over yet.

West Essex Highlands Inc. filed a lawsuit against West Orange last week, suing the town in an attempt to overturn a recent planning board decision.

The legal action is the latest chapter in a bitter struggle with environmentalists and community members that has been playing out for years.

Developers want to build a 496-unit, four-building residential complex at a 120-acre tract of land on the western ridgeline of the Watchung Mountains, which borders West Orange, Essex Fells and Verona. Nearly 30 acres of forest would be cleared.

The property is owned by the Wilf family, who own the Minnesota Vikings football team. The development is being proposed by West Essex Highlands Inc., an affiliate of Short Hills-based real estate firm Garden Homes.

>> Related: NFL Billionaire’s Plan To Build Apartments Over NJ Forest Gets Sacked

Critics say that the current proposal has grown even denser since the turn of the millennium, when the idea of developing in the area raised similar complaints: too many houses, construction on steep slopes, the potential endangering of wetlands, and more traffic on local roadways.

Previous versions of the project were rejected by the West Orange Planning Board. However, the current proposal includes a plan to make 100 of the units “affordable” – a major selling point from the developer.

West Orange has a deficit of hundreds of affordable housing units that will need to be fulfilled by 2035 under the state’s latest quota. The town has recently seen multiple “builder’s remedy” lawsuits from developers, who say the town should let them move forward with plans to create more housing – although many of the projects have seen stiff opposition from residents.

In 2020, the Township of West Orange reached a settlement with West Essex Highlands Inc. and the West Essex Highlands Condominium Association Inc. about the project, which can be seen online here.

West Orange was legally obligated to move the project forward under the agreement. But over the past few years, the project has seen renewed pushback from residents and elected officials, who have argued that while there is a genuine need for affordable housing, it shouldn’t come at the expense of public safety or the preservation of green space.

The West Orange Planning Board voted 4-4 on the West Essex Highlands Inc. proposal in May. The tie vote left the plan dead in the water, with the board adopting a resolution that memorializes the denial in June.

The application saw “no” votes from Susan Scarpa, Ken Alper, John Cardoza and Lori Kapferer. It saw “yes” votes from Susan McCartney, Robert Bagoff, Jerry Guarino and Lee Klein.

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Now, developers are suing in an attempt to force West Orange to finally let shovels hit the ground.

On July 24, West Essex Highlands Inc. filed a lawsuit against West Orange, the town council and the township planning board, accusing them of trying to appease a large group of “not-in-my-backyard” neighbors.

The company is alleging that the project complied with the 2020 settlement agreement and local zoning laws, except for a single bulk requirement – which was granted a variance.

The lawsuit asks the court to overturn the planning board's decision, grant site plan approval, award damages and attorneys' fees, and appoint a third party to carry out any actions needed for the project if West Orange fails to do so.

Opponents of the plan have included We Care NJ, a local advocacy group whose members helped to spearhead opposition to West Essex Highlands during its last incarnation. The group has shared project documents and updates on their website, and spearheaded a press conference to oppose the project last year (watch video footage here).

“The developer can still appeal and there is a lot more work to do – but this is a good result and we are one step closer to the end goal of the preservation of the Second Watchung Forest as open space,” WeCare NJ commented after the planning board’s vote in May.

Other critics have included Our Green West Orange and the New Jersey Sierra Club, which was among 39 environmental organizations that sent a letter to West Orange’s mayor, town council and planning board last year, urging them to deny the application.

In 2024, the Verona Town Council passed a resolution requesting that the West Orange Planning Board deny the application. Similar resolutions have since been passed by the environmental commissions of Essex County, Caldwell, South Orange, West Orange, Verona, Montclair, Livingston and Millburn.

• Related: Critics Blast Billionaire's Plan To Raze North Jersey Forest For Apartments
• Related: Builder’s Remedy Lawsuits Pile Up In West Orange

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