Princeton University Could File Suit if Borough Approves Transit-Only Zone

Princeton University could file a lawsuit against Princeton Borough if it rezones the current Dinky train right-of-way for only "rail transit," a Princeton University official said Tuesday. 

Borough Council voted 5-0 to recommend to the Planning Board that the University-owned parcel, known as Lot 39, be zoned for rail transit, a move borough officials say could preserve a straight rail path into downtown Princeton for the future.

Council member David Goldfarb was absent. 

Richard Goldman, an attorney representing Princeton University, told Borough Council the new zone could be problematic. 

"I would be cautious about moving ahead with an ordinances that is patently invalid," he said. "You’re looking at an ordinance that really tests the edges of legal propriety."

Borough officials hope someday a train or trolley will run at least to the current end of the Dinky commuter line in Princeton Borough, despite the University’s plan to move the train station 460 feet south to accommodate its new arts and transit project.

Moving the Dinky angers many residents, but University officials say they have a legal right to do so. Last month the University, Princeton Borough and Princeton Township signed a Memorandum of Understanding outlining the benefits the municipalities will receive when the train station moves, including funding major transportation studies, downtown crosswalks and a $500,000 transit trust fund. 

But if Borough Council’s rail-only zone interferes with the University’s plan as envisioned, the majority of the terms of the MOU will not be realized, university officials said.

“I think you need to know you may incur further legal liability if you decide to proceed with this zoning,” University Vice President Robert Durkee said. “If we can’t go forward with this (arts) project, then of course we don’t go forward with the MOU. You’re putting a lot of things at risk by going forward with this plan and not getting very much for it.” 

Council Member Jenny Crumiller said a transit zone is the right thing to do and may convince the University to leave the station where it is.

“On behalf of borough residents we would preserve the right of way and hopefully the station and the tracks,” she said. 

Timothy Korzun, an attorney who chairs the Planning Board in Lambertville, told Borough Council a transit zone would not be considered spot zoning because the goal is to benefit the public.

He also suggested the area could be classified a redevelopment area.

“As long as you’re not being discriminating or doing a taking of any kind, that can be an area for redevelopment,” Korzun said. “The concern of borough residents is keeping access to the Dinky where it is for benefit of the commuters not having to travel another football field and a half.”

A motion to introduce the transit only zone to include both Lot 39 and a neighboring lot, also owned by the University, was defeated with Kevin Wilkes, Roger Martindell and Barbara Trelsdad voting no.

Crumiller reintroduced the motion using only Lot 39. The motion passed.

Should the Borough successfully rezone Lot 39 and the University move the Dinky station, there’s no guarantee of a future rail line because some tracks would still run across private property, Borough Council Member Barbara Trelsdad said.

Introducing a Special Improvement District

On Tuesday Borough Council also voted 3-2 to introduce a special improvement district called the “Transportation Corridor Special Improvement District” to explore transportation improvements in the area.

Improvements could include crosswalks, bridges, tunnels, shuttle service, rail service and light rail service. 

Crumiller and Butler voted against the motion.

The proposed district, which will be formally introduced at a council meeting on Dec. 20, would be managed by a non-profit, seven-member management corporation and funded by a “special assessment” on non-residential properties in the district. The anticipated first year assessment is expected to be $90,000. 

“We’re trying to find multiple strategies to implement solutions that benefit our community,” Wilkes said.

The zone would include nearly three dozen properties, mostly along University Place. The non-residential properties subject to assessment would include Princeton University, The Nassau Club and the Procter Foundation.

Martindell said focusing on a small, specific area for a special improvement district could create a model for the rest of Princeton, which has thus far resisted the idea of such a district. He said it would also serve as a partnership between the University and the Borough.

Princeton University would be the largest landowner affected by the assessment in the special improvement district and Durkee said the University hasn’t yet had a chance to fully examine the proposal. 

Crumiller suggested the Borough could open itself up to a lawsuit by effectively taxing a tax-exempt entity like the University. She also said she’s concerned about the idea that the money raised would be restricted to certain purposes and spent by non-elected officials.