Developer Sues West Orange Over Rejected West Essex Highlands Project

The battle over a 496-unit apartment complex on the Watchung Mountains in West Orange just moved to a new arena. On July 24, 2026, West Essex Highlands Inc. filed a lawsuit against the Township of West Orange, the Town Council, and the Planning Board seeking to overturn the board's May 2026 tie vote that effectively rejected the controversial development proposal.

If you've been following this story, you know this isn't a surprise — the developers made clear they'd pursue legal action after the 4-4 vote. But the lawsuit filing changes the timeline and raises new questions about who ultimately has authority over this property.

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The legal argument

The lawsuit centers on a 2020 court-approved settlement agreement between the developer and West Orange that originally allowed the project to move forward. The developer's legal team argues that the Planning Board's 4-4 tie vote cannot override that prior court-approved agreement — and that the town is trying to appease "not-in-my-backyard" neighbors rather than following through on its legal obligations.

The developer is owned by the Wilf family, who also own the NFL's Minnesota Vikings. Their legal filing alleges that the project complied with the terms of the 2020 settlement and that West Orange is improperly blocking development that includes 100 affordable housing units — roughly 20% of the total.

What the town says

West Orange officials have not yet filed a formal response, but the Planning Board's rejection was grounded in environmental, safety, and community character concerns. The 120-acre site on the Second Watchung Mountain Ridge is heavily forested and ecologically sensitive. Opponents — including the Sierra Club, local residents, and several board members — raised concerns about stormwater runoff, flood risk, emergency vehicle access, and the loss of a significant green space.

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What this means for homeowners

If you live in West Orange, here's what this lawsuit means in practical terms:

• The project is not dead. Even though the Planning Board voted it down, the lawsuit could force a court to decide whether the 2020 settlement agreement takes precedence over the board's tie vote. That means the development could still move forward — just not on the timeline the town expected.
• The legal fight will take time. Lawsuets of this complexity don't resolve quickly. You're likely looking at months to a year or more before a decision. In the meantime, the forested mountain ridge stays as-is.
• Affordable housing pressure remains. West Orange still needs to meet its state-mandated affordable housing obligations. If this site is ultimately blocked by the courts too, the town will need to identify alternative locations — and that conversation is just beginning.
• Property value uncertainty. For homeowners near the proposed site, the lawsuit creates some uncertainty. If the development is ultimately approved, it would significantly alter the character of the area. But it's equally possible the courts uphold the rejection and the land remains preserved.

What this means for buyers

If you're considering buying a home in West Orange, particularly near the Watchung Mountain area, I'd recommend staying informed about this case but not letting it drive your decision. The legal process is slow, and West Orange remains a strong market regardless of this specific development saga. What this lawsuit does signal is that the town's affordable housing obligations are not going away — and the broader question of where new housing goes in West Orange will be an ongoing conversation.

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The bigger picture

This lawsuit is just one piece of a larger story playing out across Essex County and New Jersey. Multiple towns — including West Orange, Montclair, and others — are grappling with how to meet affordable housing requirements while preserving community character and environmental resources. Builder's remedy lawsuits, where developers sue towns that don't have approved affordable housing plans, are becoming more common across the state.

What makes West Orange's situation unique is the environmental stakes. The Watchung Mountains are an ecologically significant natural resource, and the question of whether to build on them has divided the community in a way that simpler redevelopment sites haven't.

I'll be following this case closely and updating the story as the legal process unfolds. If you have questions about how it might affect your property or your plans to buy or sell in West Orange, I'm always happy to talk through it.