To the Editor:

A hearing on the rejection of the AvalonBay apartment proposal held last week in Trenton by Superior Court Judge Jacobson left this retired journalist in astonished disbelief and determined that the public should know what transpired. An attorney for the Princeton Citizens group began to present his brief only to be interrupted by the judge’s dramatic expression of denial, raising her arms and hands as if to repel an attacker, and repeatedly stating “I don’t understand what you are saying.” This went on for several minutes as the attorney continued, citing zoning ordinances the proposal ignored. The judge countered with her belief that they did not apply in this case. Why, I thought, if she does not understand those zoning laws did she not recuse herself?

The disagreement centered on the use of driveways in different zones and the legal need for an easement from the Board of Adjustment. The judge consistently referred to the past use of the thoroughfares as the same as in the proposed use by the applicant saying there is no difference because cars will continue to use them, even though the attorney cited language in the zoning laws that clearly defined the kind of use which required an easement and led to rejection of the project. By now it was clear the judge had already decided in favor of AvalonBay. This was substantiated by the AvalonBay attorney who, echoing the language of the judge, also referred to the past use of the site to support the claim. The judge made an appeal to common sense as the basis of her decision in effect proposing to ignore the ordinances. The Planning Board attorney also testified but it was almost impossible to hear what he said. The overall impression was that a deal had been struck before the hearing began and that its only purpose was to justify the judge’s ruling for public consumption.

Reminds me of what Tolstoy wrote, “Where the law is, no man finds justice”.

Louis Slee

Spruce Street