The Borough Council voted on June 28 to hire legal counsel to advise on legal public transit issues related to the Dinky station and the University’s proposed Arts and Transit Neighborhood.
Councilmembers have identified Robert S. Goldsmith of the Woodbridge-based law firm Greenbaum, Rowe, Smith & Davis, LLP to be counsel representative to the Borough.
The Borough hired new counsel because its usual representation, Hill Wallack, represents New Jersey Transit on some issues, leading to potential conflicts in the Borough's negotiations over the Dinky. Goldsmith previously advised the Borough on land-use issues in downtown redevelopment several years ago.
Among the issues on which the Borough may seek Goldsmith’s counsel are whether the Borough would have legal standing to challenge the University's claim that it has the right to move the Dinky station, Borough Councilman Roger Martindell said.
The Borough could also inquire about the possibility of creating a dedicated rail transit zone in the vicinity, which it began considering last month.
“The rationale for doing so would be to preserve that area for later development as a rail link to Nassau Street,” Martindell said.
The Council also could explore the legal intricacies of the recent proposal by Henry Posner III '77 to acquire the Dinky station by invoking eminent domain, Martindell said. The Borough would seek Goldsmith’s opinion on the legality of condemning the Dinky station as part of a plan to create a light rail service, and the possibility of forming a public-private partnership with the Railroad Development Corporation, of which Posner is the chair.
“I don’t think there’s any rush to condemn here, but we would be remiss if we didn’t consider the options available to us, and condemnation is an option,” Martindell said.
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