By Frank Mustac, Contributor
What was supposed to be a negotiation of a right-of- way easement for access to the historic Pennington African Cemetery off South Main Street seems to have turned into a lawsuit instead.
According to a document memorializing a minor subdivision approval by the Pennington Borough Planning Board for the creation of two lots from a single property 417 S. Main St., the “applicant and the Pennington African Cemetery Association are negotiating a right-of- way easement.”
“The property has the unusual characteristic of neighboring a drive that has been used by the public for a long period of time to access the cemetery,” according to the document. “The current drive is a combination of pavement, gravel, and grass.”
The drive is the only access to the African Cemetery, where several Civil War soldiers are buried.
The applicant, J&M Schragger, LLC, “testified that it will provide snow clearance for the drive from South Main Street all the way to the cemetery, and applicant will be responsible to maintain the drive,” according to the Planning Board.
Pennington Borough Administrator Eileen Heinzel declined to comment on the matter, stating that the issue “is in litigation now between the applicant and the Association.”
During the Borough Council meeting held Nov. 2, Borough Councilwoman Beverly Mills said the applicant “has sued the Pennington African Cemetery Association.”
Several council members, during the same meeting, asked whether the borough could assist the cemetery association with the litigation, with one member asking if the municipality could join as a co-defendant.
Other questions included asking whether the borough can make a contribution to the Cemetery Association toward a legal defense fund.
Councilwoman Catherine Chandler suggested that online crowdsourcing could be used to raise funds.
“Public opinion would rise rapidly in defense of the association,” Glen Griffiths said.
About the Pennington African Cemetery, Councilman Charles Marciante said, “I think it’s a part of Pennington history and we ought to preserve it.”
