Scott Mollen Realty Law Digest
Scott Mollen discusses a land use case "Congregation Rabbinical College of Tartikov Inc. v. Village of Pomona; and the trespass/nuisance case "Benjaminov v. Zheng."
October 12, 2021 at 12:52 PM
13 minute read
Land Use—Religious Land Use and Institutionalized Persons Act, Fair Housing Act and NYS Constitution—Plaintiffs Sought To Build Rabbinical College and Facilities for Students and Families—Court Dismissed Challenge to Village Zoning Ordinances Which Barred Construction of Non-Accredited Educational Institutions and Facilities—Plaintiffs Lacked Standing—Had Not Submitted Formal Proposal, Applied for Permit or Engaged In Conduct Implicating the Challenged Laws—Futility Doctrine Inapplicable Since Owner Failed "To File One Meaningful Development Proposal"
A plaintiff, owner of an approximately 100-acre parcel of land (property) sought to build a Rabbinical College (college), in addition to facilities to train rabbinical judges and housing for students and their families. The plaintiffs challenged certain village zoning ordinances (ordinances or challenged laws), alleging that the ordinances violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and the NYS Constitution (constitution).
The plaintiffs sought a preliminary injunction enjoining the Village and its trustees (defendants) from enforcing the ordinances which the Village had "refused to repeal." Those ordinances "prohibit the construction of non-accredited educational institutions and housing for students with families on the… property." The defendants had moved dismiss the complaint. The court granted the motion to dismiss and denied the preliminary injunction motion.
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