By Philip Sean Curran, Staff Writer
The partner of Princeton Councilman-elect Patrick Simon has filed suit against Princeton Borough because he contends the municipality improperly allowed his repaved street to be opened so a developer could make a utility connection.
Marc Weiner argued in court papers that the borough code says repaved streets cannot be opened for five years, unless there is a compelling health or safety reason. Mr. Weiner and Mr. Simon live on Harriet Drive.
Developer Rodan Investments LLC, the company of local home builder Roman Barsky, was allowed to open Harriet Drive last month, although the borough has said there was nothing wrong or out of the ordinary. The borough requires that in such circumstances, the developer pay to repave the impacted section of the street.
Mr. Weiner’s lawsuit, filed in state Superior Court in Trenton, names Mayor Yina Moore, Borough Council, Borough engineer Jack West and Rodan Investments as defendants.
Mr. Barsky, building two homes on Mr. Weiner’s street, could not be reached for comment.
Mr. Weiner wants a judge to compel Rodan to re-mill and repave all of Harriet Drive from Nassau to Harrison streets, redo the sidewalk replacement with concrete and provide him with money damages. He also wants the borough to be required to enforce borough code, in this and all other instances. He declined to comment when contacted by email Wednesday.
Borough Attorney Maeve E. Cannon said in an email Wednesday that the borough would respond to the lawsuit. It was not known when a judge would hear the case.
The borough said this week Harriet Drive needs to be reopened another time.
”They still have to install gas and water lines. So the road will have to be reopened again,” Borough Administrator Robert W. Bruschi said in an email Wednesday.
Mr. Simon did not respond to an email seeking comment Wednesday.
Mr. Simon, who is not listed as a plaintiff in the lawsuit, brought the issue about the street opening to the attention of borough officials last month. He wrote Mr. West an email Oct.23 saying the work should be stopped.
When that went nowhere, he came to the Borough Council meeting the same night to complain in person. Later that evening, Mr. Weiner sent borough officials an email threatening to sue an action he took through his lawyer.
”I’d rather try to solve problems person-to-person before bringing in lawyers but Marc and Patrick apparently feel they need to do this,” said Borough Councilwoman Jenny Crumiller in an email. Mr. Simon works for Ms. Crumiller’s husband’s company, Princeton Consultants.
Mr. Weiner had opposed Mr. Barsky’s efforts to develop on his street. The regional Planning Board initially rejected a project Mr. Barsky had in mind in 2011, although it approved a subsequent subdivsion request to take what had been a home with a swimming pool and turn it into two developable lots.

