A judge ruled Friday that Save the Dinky Inc. and eight other plaintiffs can have their day in court to challenge Princeton University from moving the terminus of the New Jersey Transit train line.
By Philip Sean Curran, Staff Writer
A judge ruled Friday that Save the Dinky Inc. and eight other plaintiffs can have their day in court to challenge Princeton University from moving the terminus of the New Jersey Transit train line.
Judge Paul Innes rejected a university motion that the plaintiffs have no standing in the case, a ruling that their lawyer hailed as an important victory in a case that he said probably will head to trial.
”I’m gratified but not surprised by Judge Innes’ decision. The university may claim that the Dinky impedes its development. But the Dinky is a public benefit, and I’m a member of the public who frequently benefits from the Dinky,” said plaintiff Anne Neumann on Monday.
The university, having in 1984 bought the property on which the train station and tracks sit from NJ Transit, has maintained that it within its contractual rights to have the terminus moved 460 feet south. The school has said that this is necessary for its arts and transit project.
Princeton has plans for a new train station, campus arts buildings, street improvements and other elements of a plan that is a key piece of outgoing University President Shirley M. Tilghman’s legacy.
University attorney Richard S. Goldman, confident his side will win out, said Monday the project is “highly” beneficial to the community and enjoys wide public support.
But Save the Dinky and the other plaintiffs sued the university and NJ Transit on grounds that the 1984 agreement does not allow the terminus to be moved beyond the station buildings, said Bruce I. Afran, attorney for the plaintiffs.
In a victory for the university, the judge last week rejected Mr. Afran’s request that he rule to that effect. That means the issue still needs to be resolved and will be the crux of any future trial.
In another victory for the school, the judge also threw out one of the elements of the lawsuit about the public having a legal right to block the transfer of an easement from NJ Transit to the university.
For its part, university attorney Mr. Goldman was confident the school would prevail in this and all the other legal challenges that opponents have brought. A total of four lawsuits are pending, including one that seeks to reverse the Princeton Planning Board approval of the project in December.
In a phone interview, Mr. Afran said despite the university having deep pockets to fight the matter in court, his side is not backing down.
”We are in this, and we are matching them step by step,” he said.