Challenge To Development of Synagogue Cites Religious Land Use Act: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Coritsidis v. K'Hal Bnei Torah of Mount Ivy," involving a challenge to the expansion of synagogue in a residential area.
February 20, 2024 at 01:15 PM
11 minute read
Land Use— Religious Land Use and Institutionalized Persons Act of 2000—Challenge To Development of New Synagogue—Federal Court Lacked Subject Matter Jurisdiction Over Federal Claims Asserted Only Against the United States—United States (US) Did Not Waive Sovereign Immunity and Exceptions are Inapplicable—State Claims for Public and Private Nuisance Dismissed—RLUIPA Does Not Permit Enforcement Against Private Individuals—Attorney Fees Claim Under New York Anti-SLAPP Law Denied—Anti-SLAPP Law Inapplicable In Federal Court—Conflict With FRCP 12 and 56—Plaintiffs Claimed That Congregants Would Walk Dimly Lit Streets Without Reflectors and Would Create Noise and Public Safety Issues—Plaintiffs "Misstated" the Law and "Distorted" the Facts
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