Concerned Citizens of Princeton filed a brief in Mercer County Superior Court yesterday seeking a referendum on the Borough Council's decision to redevelop a section of downtown Princeton. However, the Borough has argued that state law does not require a referendum.
The Council's redevelopment plan calls for the destruction of 300 surface parking spaces to make room for a 500-car parking garage in the downtown area.
Under law, a petition for a referendum requires the signatures of only 15 percent of registered voters, or about 370 residents. Concerned Citizens garnered 843 signatures, almost a third of the total voting population.
However, the Borough is describing the parking lots as "areas in need of development," which under state law does not require a referendum.
"The redevelopment plan has been passed by the Borough Council, and it is very clear that we cannot hold a local referendum under the state development statute," Mayor Marvin Reed said.
Jim Firestone of Concerned Citizens said the Borough was bending the Public Land Provision to make its construction project viable.
He said the provisions under which the Borough is classifying the downtown lots refer only to buildings, not parking facilities.
The plan also violates a provision that public land must be vacant (not asphalted) and unimproved for ten years before qualifying as "in need" of redevelopment, Firestone added.
"For a small town like Princeton, it simply is not practical to have a parking garage in the middle of downtown," Firestone said. "Princeton citizens are in agreement that we do not want our town to become a shopping mall."
The case will go to trial Feb. 22 under Mercer County Superior Court Judge Linda Feinstein.
The Borough Council would be violating the constitutional rights of Princeton citizens if it didn't listen to their concerns, Firestone said.
If the referendum is denied in Princeton, such "violations" could happen on a larger scale in New Jersey, he said.
Reed said he was confident the court will support the Borough Council's position.
Firestone said Concerned Citizens favors "smart development," to avoid urban sprawl and maintain the quality of life in small towns. The court system would see the need for a referendum, he added.
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