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Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by adopting a variety of other statutes and regulations. There are, however, limits to their power. Municipalities, of course, must not discriminate on the basis of religion in violation of the U.S. or New York State Constitutions or other applicable federal or state laws.
That message was delivered loud and clear in a recent decision by the U.S. District Court for the Southern District of New York in a long-running court battle over a proposed rabbinical college in the Village of Pomona, in Rockland County. In Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona , No. 07-CV-6304 (KMK)(S.D.N.Y. Dec. 7, 2017), the Court, following a 10-day bench trial, ruled that the Village could not use zoning and other laws it adopted to thwart the construction of the rabbinical college and associated dormitory housing proposed in the community. In an earlier proceeding to consider the parties’ motions for summary judgment and a punitive motion for sanctions against the Village for the spoliation of evidence, the Court granted portions of each party’s motion, including the sanctions motion that resulted in an award of attorneys’ fees and costs relating to the spoliation dispute. See , Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona , No. 7-2007-CV-6304 (KMK)(S.D.N.Y. 2015). For a more detailed discussion of the pre-trial motions, see Charlotte Biblow’s two-part blog post, How To Spend Over $1.5 Million (And Counting) of Taxpayer Funds Defending A Land Use Claim and Facebook Posts And Text Messages Result In Monetary And Other Sanctions Being Imposed Against A Municipality .
The case involved approximately 100 acres of land in Pomona purchased in 2004 by the Rabbinical College of Tartikov, Inc. Tartikov sought to build a “kollel” or rabbinical college on the property that would include housing for its students – all affiliated with the Orthodox Jewish community, including various sects of the Hasidic community – and the students’ families. According to Tartikov, the on-campus housing would permit students to study from 6 a.m. until […]