Town seeks to borrow $49.5 million to buy Westminster Choir College property

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The governing body of Princeton wants to borrow $49.5 million to buy the Westminster Choir College property from Rider University and plans to use eminent domain to take over the property.

The agenda for the council meeting this coming Monday night lists two ordinance introductions related to the purchase of the 23-acre property.

One ordinance earmarks $50 million for the property. The ordinance authorizes the town to borrow $41.5 million to pay for the purchase and $8 million for unspecified capital improvements, plus the cost of architects, engineers, and other consultants. The town would spend another $500,000 as a down payment.

Municipalities can borrow money without asking voters to approve bond referendums.

The other ordinance authorizes the town to buy the property “by negotiation, purchase, condemnation or eminent domain.” Eminent domain is the power of government to take private property for public use, with the condition that the owner is justly compensated.

Under the ordinance, the mayor and council are authorizing the purchase of the property by eminent domain. The public purposes listed in the ordinance include developing facilities “serving the municipality and/or Princeton Public Schools, public administrative offices, recreation, and other public needs.”

The mayor and council have not worked with the school board regarding any use of the Westminster property for school purposes. District officials told Planet Princeton in a statement earlier this week that they were not aware of any action or definitive plans involving the school board and the Westminster Choir College property.

Meanwhile, the board of education for Princeton Public Schools has been preparing for a referendum to improve and expand four district schools. The local planning board was supposed to do a courtesy review of the district’s referendum plans on Sept. 5, but the review was removed from the agenda last Thursday. No one from the municipality notified the school district, and the district only found out about the review being canceled by seeing the change on the planning board agenda. District officials said they weren’t given a reason for the cancelation when they inquired about the change.

The campus on Walnut Lane has not been used for the choir college since 2019, though community music groups still rent some space there.

In 2017, Rider University announced plans to close the school and move some music programs to its main campus in Lawrence. Rider University then tried to sell the campus to a private Chinese school, but the deal fell through. The move to close the school and sell the property triggered two lawsuits.

A group of alumni, donors, and students filed a lawsuit challenging the closure of the school. Princeton Theological Seminary also filed a lawsuit claiming that Rider University violated the terms of the original gift of land that established the Princeton campus and the terms of the 1992 merger agreement between Rider and Westminster Choir College, both of which gave rights to Princeton Theological Seminary.

Both suits are still working their way through the courts. As of Friday night, no new court filings had been posted on the public court case access system related to any settlements. The last entries in the court system are case management notices related to the scheduling of future court meetings.

Planet Princeton reached out to the lawyer for Princeton Theological Seminary this week and received no response. The lawyer in the other lawsuit, Bruce Afran, said his clients’ lawsuit will still move forward.

Avatar of Krystal Knapp

Krystal Knapp is the founding editor of Planet Princeton. Follow her on Twitter @krystalknapp. She can be reached via email at editor AT planetprinceton.com. Send all letters to the editor and press releases to that email address.

10 Comments

  1. Hallelujah Bruce Afran! and all others who support the preservation of what was a brilliant musical gem in the midst of Princeton.

    1. I know the family who created the endowment for the choir college. As far as I know it must be a school. But that being said this sounds like a sneaky plan to finance someone’s pocket.

    1. Good question! Hopefully, Council will lay out what that is. This would be a significant investment that should be justified with a well-thought out strategy, funding plan, and public buy-in. Surprising that no public heads-up has been issued.

  2. Senior citizens beware! $50,000,000 for Westminster and $90,000,000 for BoE. Princeton taxpayers in the dark but will be handed some giant bills soon. Spend spend spend. Please vote better because we are going to be taxed taxed taxed. I heard PCDO Princeton Council has a money tree planted in each Princeton residents yard. They come and shake it every year and then the BoE comes by in six months.

    1. Furthermore, if I need another trash can I have to pay $300. Please explain a “want” versus a “need” to council. Personally, I want to not be taxed out of my home because Council is making it UNAFFORDABLE for existing Princeton residents. Another example: Is the Witherspoon Street project really a need? It’s not even a want, it is an extravagance.

  3. Correction needed: There is a community music school in residence on the choir college campus. The Westminster Conservatory serves the greater Princeton area for students of all ages and abilities in music study. It uses 3 buildings on the campus 6 days a week. It does not pay rent. It is very disturbing that the municipality seems unaware or does not care that there is (and has been for decades) a community music school on this campus.

  4. I have been attending this music school as a member of the Westminster Community Orchestra since 1985. The orchestra performs approximately 5 concerts a year. The December concert is a fund raiser for the food banks. Other concerts are support for the young musicians who win the concerto contests and then get a rare chance to play with us – an orchestra. We support Ryder’s Piano department and their Composition department by performing with those students. I pay my tuition every year and find that not only do I improve as an instrumentalist, but I am part of a group that provides a way for many people to come to classical music concerts. It is importance that the Conservatory remain in Princeton and continue teaching music.

  5. Received this email on the 9th from Westminster Foundation:

    “WESTMINSTER FOUNDATION UPDATE
    A Message from Constance Fee

    Dear Westminster Family and Friends,

    The Municipality of Princeton recently posted the agenda for its Council meeting this evening, September 9, 2024, which included an item introducing an ordinance that, if approved, would authorize township staff to engage in negotiations with any relevant party in an attempt to purchase the Westminster property. It is not a sale of the property.

    In addition, the ordinance would authorize the township staff to begin eminent domain proceedings by way of seeking appraisals and other legal processes. Based on consultation with Foundation attorney, Bruce Afran, regarding his assessment of the legal situation, this simply means that the township wishes to authorize staff to engage in such discussions.

    It is possible that Rider has made an offer to the town and, in such case, it may attempt to sign contract papers with the township. The New Jersey Superior Court Appellate Division last year restored our case and we have now set a discovery schedule with the trial court. Any transaction between Rider and the township will be subject to Rider prevailing in our lawsuit, so it is highly unlikely that any closing on any deal will take place in the near term. In fact, our lawsuit would likely not even go to trial until late 2025.

    For these reasons, the township would not be able to get clear title to the property because our claims prevent passage of title. We have filed a lis pendens on the property, which means that our claim is now a matter of public record on Westminster’s title deed file.

    Further, the Superior Court ordered that the property is subject to a charitable religious trust under which any successor to Westminster Choir College, including Rider, the Seminary, the real estate investor who has already submitted a proposal to purchase the property, or anyone else, must operate an educational institution with a focus on religious music. Under the First Amendment’s separation of church and state doctrine, a claim could be filed in court seeking a declaratory judgment that the township is constitutionally ineligible to purchase the Westminster property due to the religious restraints that are tied to the site.

    As always, we will keep you updated when there is information to share.

    Thank you,
    Constance Fee

    President, Westminster Foundation
    https://www.westminsterfoundationprinceton.org/

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