By Anne Levin
Claims by the Princeton Coalition for Responsible Development (PCRD) that the redevelopment plan for Princeton Theological Seminary is illegal have been rejected by a Mercer County Superior Court judge.
Judge Robert Lougy issued a decision on October 21 fully upholding the plan. The 27-page document “dismissed the case with prejudice, affirming that the Mayor and Council of Princeton, the Princeton Planning Board, and their redevelopment partners acted within their lawful authority,” according to a press release from the town.
“With prejudice” means that the lawsuit cannot be refiled. But it could be appealed.
Contacted for comment, PCRD Chair Jo Butler said, “We are very disappointed in the court’s ruling and will likely be appealing.”
The PCRD, which opposes the plan for the 108 Stockton residential development at the site, challenged the town’s designation of the Seminary site as an area in need of redevelopment.
Lougy’s decision ruled that the Seminary development ordinance, adopted in July 2024, “was properly enacted and consistent with Princeton’s Master Plan and the State’s Local Redevelopment and Housing Law,” reads the release. “The ruling emphasized that Princeton’s actions in adopting the redevelopment plan were entirely valid and reasonable — not ‘arbitrary, capricious, or unreasonable,’ as PCRD claimed.”
The court rejected PCRD’s claims that the ordinance goes against Municipal Land Use Law and lacked proper procedure or constituted an “illegal government action.” Addressing PCRD’s claims that the public comment period of three minutes was unreasonable, the ruling said that it was reasonable under the Open Public Meetings Act, “and that the municipality was not estopped from adopting the ordinance based on prior communications or planning reports, as PCRD had requested.”
The back-and-forth over 108 Stockton Street, formerly known as the Seminary’s Tennent-Roberts-Whiteley Future Development, dates from 2018, when the Seminary wanted to develop new student apartments at the site. After area residents expressed concerns about the density of the proposed project, the plans were withdrawn.
Herring Properties is now the contract purchaser. The developer plans to build a mixed-income residential development of 238 luxury apartments; 48 of which are designated affordable. Since then, residents and the PCRD have cited concerns about increased traffic, stormwater, density, and damage to the area’s historic fabric.
The municipality regards the inclusion of affordable housing units “in an area of town where none currently exist” to be “consistent with Princeton’s long-term smart growth objectives and compliance with its Mount Laurel obligation.”
“This ruling validates Princeton’s lengthy, thorough planning process, ensuring that our community remains inclusive and welcoming to residents of all income levels,” Mayor Mark Freda and Council are quoted. “The Seminary project will add much-needed housing options in an environmentally responsible way while enabling us to uphold both the spirit and the letter of New Jersey’s fair housing laws.”