Princeton Faces Legal Challenge To Spruce Street Affordable Housing Zone

PRINCETON, NJ — Two Spruce Street residents have filed a lawsuit against the Municipality of Princeton, its Planning Board and two affiliated property owners challenging a February rezoning that paved the way for a 30-unit affordable housing development next door to their home.

Lawrence Adam Wolf and Michelle Fuerst, who own 82 Spruce Street, filed the complaint April 9 in Mercer County Superior Court against the Princeton Mayor and Council, the Princeton Planning Board, Barsky Enterprises LLC and 94-92 Spruce LLC. The case was first reported by TAPinto Princeton.

The complaint seeks to void Ordinance #2026-07, which was adopted Feb. 23 and rezoned the properties at 86-88 and 92-94 Spruce Street from the R-4B residential district to a newly created Affordable Housing District-12, or AH-12. The new district covers approximately 0.66 acres and permits up to 30 new dwelling units, with a minimum of eight affordable units, in addition to existing structures on the site.

The plaintiffs argue the municipality failed to provide certified mail notice to property owners within 200 feet of the rezoned property as required under N.J.S.A. 40:55D-62.1, and that the published notice did not identify the subject property by street address or describe the prior zoning being changed.

The complaint contends the failure to provide statutory notice deprived nearby property owners of their constitutional due process rights and renders the ordinance void.

The lawsuit also alleges the ordinance is inconsistent with Princeton's 2023 Master Plan, which identifies the surrounding area as "Central Neighborhood" with a density range of four to 20 units per acre. The complaint states the AH-12 district effectively permits up to 64 units per acre at the subject property.

Additionally, the complaint argues the ordinance was adopted without a traffic impact study, stormwater analysis or other site suitability review, and that key standards changed between the draft ordinance filed with the court in June 2025 and the final version adopted in February.

The properties were included in Princeton's 2025 Fourth Round Housing Element and Fair Share Plan, adopted last June to address the municipality's obligations under the Mount Laurel doctrine and the amended Fair Housing Act. Mercer County Assignment Judge Robert Lougy approved the plan in February and ordered the municipality to adopt implementing ordinances by March 15.

In a public statement posted online, Wolf said his challenge is not opposition to affordable housing in his neighborhood. "I support Princeton's affordable housing obligations" he wrote, “My concern is not whether affordable housing should be built near me. My concern is whether what is actually proposed here — the specific design, density, and process — is appropriate for our specific street, and whether the legal requirements and common courtesy for notifying neighbors were followed.”

Wolf described the surrounding Tree Streets neighborhood as already mixed-income and dense, and said the proposed density is roughly three times the upper bound of what the Master Plan designates for the area. He also raised concerns about parking, noting the plan includes 17 spaces for what would be 42 total units once new construction is added to the existing buildings.

The complaint notes that the 2025 Fourth Round plan would still produce a surplus of affordable housing credits even without the Spruce Street site.

The plaintiffs are represented by Robert F. Simon of Herold Law in Warren. They are seeking a court order invalidating the ordinance, an injunction barring further action on the development, attorneys' fees and damages under the New Jersey Civil Rights Act.

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