SOUTH BRUNSWICK – Four residents have gone to court to overturn the township's redevelopment plan for the former Princeton Nurseries site along Route 1, Ridge and Mapleton roads.
The three lawsuits have been consolidated into one case before Middlesex County Superior Court Judge Christopher Rafano who has scheduled a case management conference for April 2.
The three lawsuits against the township and WRV Nurseries South Brunswick LLC were filed last year by Cynthia Payne, Stephen Elston and Mark and Katherine Smith.
The lawsuit seeks to have the ordinance approving the redevelopment plan invalidated.
In addition, the lawsuit asks the court to rule that the township's Planning Board's finding that the redevelopment plan is consistent with the Master Plan was "arbitrary, capricious and unreasonable."
The approximately 160-acre site is in the southwestern corner of the township next to the Plainsboro border. It's one of the largest undeveloped parcels with Route 1 frontage.
The lawsuit alleges the Planning Board's review of the redevelopment plan was "procedurally and substantively flawed" and the redevelopment ordinance adopted by the township is 'illegal.'"
The site was designated as a non-condemnation area in need of redevelopment by the Township Council on April 3, 2024. The ordinance approving the Princeton Nurseries Redevelopment Plan was approved by the Township Council on Aug. 7, 2024.
The lawsuit alleges that on announcing the review as an agenda item at a Planning Board meeting, a motion to approve was immediately made.
"There was no substantive discussion," the lawsuit alleges. "A review of the record reveals the Board appeared unclear of the reason the governing body referred the proposed ordinance to it or for that matter, what exactly was the purpose of the vote that was being taken."
In addition, there was no time for public testimony, the lawsuit alleges.
The lawsuit also alleges that the redevelopment plan is illegal because it is inconsistent with the Master Plan.
The suit contends the redevelopment is illegal because it is "spot zoning designed and intended to favor the developer by evading the ordinary zoning or rezoning process."
The township has denied the allegations.
The township Planning Board is considering a proposal by WRV Nurseries South Brunswick Owner to build an approximately 340,985-square-foot data center at 4405 Route 1, part of the former Princeton Nurseries site.
The township Planning Board has held public hearings on the proposal since December.
The next hearing is scheduled for March 26.
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Susan Loyer covers Middlesex County and more for MyCentralJersey.com. To get unlimited access to her work, please subscribe or activate your digital account today.