A historical society filed a request to put a halt to the housing development project off the Princeton Battlefield site but were turned down last week
PRINCETON - A Princeton historical society faced another setback last week in an ongoing effort to stop a housing development on land they deem historic.
On June 23, a judge denied the Princeton Battlefield Society's request for a preliminary injunction to halt the construction of a 15-unit housing project near Einstein Drive.
The project is being constructed by the Institute for Advanced Study, which owns the land in question. For years the society has tried to put a stop to that development, claiming the plot of land - also called Maxwell's Field - was once a site of the historic battle of Princeton.
Many of the society's attempts to stop the development by arguing for the land's historic value have failed. But in March they took another approach - they filed a lawsuit against the institute, claiming the construction, which has been going on since December, will disturb wetlands at the site.
Princeton society files lawsuit over battlefield
The society claimed multiple studies since the 1990s have shown the presence of wetlands around the development area. By constructing on the land, the institute was violating the clean water act, the society argued.
They demanded the institute pay $37,500 for each day of alleged violation and they filed a motion for a preliminary injunction to stop the development while the lawsuit is underway.
But U.S. District Judge Freda Wolfson denied that motion after a hearing last week. In a decision she said the society had not proved that the land would suffer serious harm without the injunction, nor had they proved that they were likely to win their lawsuit.
Both proofs are necessary in order to implement the injunction, Wolfson said.
In a statement Tuesday the institute said the decision, "confirms the fully compliant nature of the Institute's application."