In a story posted last Friday on last week’s late night Planning Board session, the Daily Princetonian reported that the Planning Board opposed the Dinky move. Click this link for article.

In a story today on the same meeting, reporting that the Board ultimately voted to approve the ordinances requested by the University for its arts education complex, the Trenton Times has a different take on the Board’s assessment of the Dinky move. Click this link for story:

A few months ago, at Borough Council’s invitation, Henry Posner made a public presentation of his proposal to fund the acquisition of the Dinky right-of-way through a public-private partnership which would be be revenue-neutral for the Borough. Months later, the Mayor and Council did an about-face and, through the letter linked below, peremptorily rejected the offer on the basis of assumptions that are incorrect.

The letter makes the wrong assumption that the Posner proposal would require the cooperation of New Jersey Transit. It would not. He proposed only to help the Borough acquire the land with the right-of-way. More strikingly, the letter suggests that New Jersey Transit – a transit agency with a fiduciary responsibility to the public – would not cooperate with any proposal that Princeton University views as inconsistent with its goals. To our knowledge, New Jersey Transit has never taken such a position, at least not in public. The agency is supposed to act on behalf of the public, not on behalf of Princeton University. Continue reading →

The Princeton Regional Planning Board met on Thursday, October 7 to consider the rezoning needed by the University to develop its arts education complex. According to Daily Princetonian story, Board members do not believe the proposed Dinky move is good planning policy. Click this link for the story:

The Memorandum of Understanding (MOU) between the borough, township and Princeton University undervalues the loss of the straight shot right-of-way, parking lot and existing Dinky station. It is a quid pro quo agreement settled behind closed doors and made under threat. Read the rest at Planet Princeton

Save the Dinky, along with four Princeton residents who are Save the Dinky members, and others similarly situated, filed a lawsuit on October 4 seeking to block Princeton University from proceeding with plans to move the terminus of the Dinky south from its existing platform.  Newsworks story at link.  Attorney Bruce Afran filed the suit in the New Jersey Superior Court, Chancery Division, Mercer County for Save the Dinky and the individual plaintiffs, Anne Waldon Neumann, Peter Marks, Rodney Fisk, Walter Neumann.   In addition to Princeton University, the lawsuit names New Jersey Transit as a defendant.

The University has claimed that a 1984 contract with New Jersey Transit gave it the right to the right to relocate the terminus to a location to the south off of the existing platform to facilitate commuter access to its Lot 7 garage.

A provision in the contract permits a southward move of the terminus “coincident with the location of the minimum reservation of platform space.” Save the Dinky believes that this move has already been made.  In 1987 or thereafter, the terminus was moved from the north station to the south station–the location of the minimum reservation of platform space.  The lawsuit contends that the contract did not give the University the right to make additional moves.

Planet Princeton Article on lawsuit

The Borough Council will vote on a memorandum of understanding that has been negotiated behind closed doors in which Princeton University provides $100,000 upon signing and other benefits to Princeton Borough in exchange for the Borough Council’s approval of its rezoning request, including moving the Dinky.

The meeting is on Tuesday, October 4 at 7:30pm at Borough Hall, One Monument Drive, Princeton.

Download the Memorandum of Understanding

Letter to the Editor on the Memorandum of Understanding by Anne Neumann