The Princeton Battlefield Society has filed a motion for injunction in the State Supreme Court - hoping to halt a proposed development at Maxwell's Field
PRINCETON - A local historical group, which is trying to keep Maxwell's Field from being developed, is bringing their argument for a temporary injunction on that development to the New Jersey Supreme Court.
The Princeton Battlefield Society and the Institute for Advanced Studies have been locked in a legal back-and-forth regarding the development of Maxwell's Field - a site the society has deemed historical but on which the institute wants to construct 15 faculty-housing units.
The plan for faculty housing was approved by the Princeton Planning Board last year and in March, the society filed an appeal against the planning.
Following that appeal, they also requested an injunction to temporarily put a hold on the project's development while the legal proceedings are underway. That injunction was overturned by Mercer County Superior Court Judge Mary Jacobson last month.
The group quickly filed another appeal - this time regarding Jacobson's ruling. But the appellate court rejected it this month, saying that the land could be restored to its original state if the courts rule in favor of upholding the society's March appeal, according to Bruce Afran, an attorney for the society.
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"That is not a correct way to look at an historical site... you can't put back a battlefield," Afran said.
The group decided to go to the New Jersey Supreme Court as a result. Last week Afran filed a motion for injunction in the State Supreme Court. A judge decided not to hear the motion on emergency but rather, on the normal court schedule - in about two to three weeks, Afran said.
For the institute, both the State Supreme Court's decision and the appellate court's decision come as small victories.
"The Institute for Advanced Study is very pleased with the recent decisions by the Appellate Division and the Supreme Court of New Jersey to deny the requested stay on the Faculty Housing project, and we look forward to moving ahead," the institute said in a statement Monday.
Afran said Monday that the State Supreme Court has neither denied their request nor made any kind of decision regarding the motion.
Anna Merriman may be reached at amerriman@njadvancemedia.com. Follow her on Twitter @anna_merriman Find The Times of Trenton on Facebook.
