Mayor Susan McCartney and the West Orange Council.
WEST ORANGE — A developer is suing the township seeking the right to go ahead with plans for the old Mayfair Farms site while the mayor and township council have issued statements blaming each other for the situation.
Eagle Rock Development sued West Orange Township earlier this month saying the township is not providing its prescribed amount of affordable housing and has failed to rezone the Mayfair Property. The developer would like to put 410-units of housing, including 82 affordable units, on the site. It had previously been approved for 140 homes on the 10 acre site.
State law requires towns to have a certain amount of affordable housing, which means West Orange needs to add about 1,000 units over the next 10 years. West Orange was required to file a plan for how it was going to add the housing but failed to meet the deadline, so under state law, developers can move forward with projects that include affordable housing.
Mayor Susan McCartney issued a statement blaming council dysfunction and saying the township could possibly face more builders remedy lawsuits as a result.
“Actions by the town council have exposed the township to what is legally referred to as a Builder’s Remedy—a legal challenge whereby developers may seek court approval to bypass our local zoning laws and proceed with higher-density residential developments,” McCartney said. “This jeopardizes our ability to control how and where local development occurs, and may have long lasting impacts on our infrastructure, schools, and overall quality of life.”
The township council refutes the mayor’s statement, asserting that she failed to bring forward a plan or hire professionals to meet the deadlines despite being aware of the requirements since March of 2024.
“Mayor Susan McCartney’s attempt this week to shift blame onto the township council for West Orange’s affordable housing crisis is a distorted spin of the facts,” the council said in a statement. “The truth is that it is the mayor, not the council, who missed the deadline for submitting an affordable housing plan to the State of New Jersey. It is the mayor who exposed our town to lawsuits by developers to allow them to build high-density housing that will strain our schools, worsen traffic, and permanently alter West Orange’s suburban character.”
They highlight that in 2024 the council approved the Nishuane Group for planning services but the mayor didn’t assign them to create the affordable housing plan at that time.
The council’s statement says that the mayor waited more than a year before taking steps to have an affordable housing plan developed and when she did it was 90 days before the deadline.
On April 22, 2025, the council rejected the mayor’s proposed $50,000 one-year contract with Nishuane Group because the company would only be doing two months work since the deadline was so close.
Councilmember Joyce Rudin reached out—through Council President Joe Krakoviak—to offer a compromise that would enable the township to meet the June 30 deadline but the mayor rejected it and made no counter offer, according to the council.
On May 27, one month before the deadline, the mayor hired Heyer Gruel & Associates to create the plan. Planner Susan Gruel stated in her engagement letter that she would not be able to meet the June 30 deadline, which led council members to ask why the mayor would hire her if she could not meet the deadline.
“Despite repeated requests from every council member, the mayor also refused to seek a court extension on our affordable housing plan deadline—our best and most reasonable option to avoid suits from developers,” the council said in a statement.
McCartney said the council created delays by its actions, which included rejecting the appointment of the township’s zoning official, Geniece Gary-Adams, to be the municipal housing liaison to coordinate the preparation of the Affordable Housing Plan.
“This inaction by the council served no productive purpose other than to delay the township’s ability to implement its mandated obligations,” McCartney said.
McCartney also cited the council’s rejection of The Nishuane Group this year despite warning about the looming deadline from the township’s director of planning and others.
“This frustrating situation was entirely avoidable,” McCartney said.
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