Yeshiva's Zoning Challenge Dismissed On Ripeness Grounds

In Sheri Torah v. South Blooming Grove & Planning Board of the Village of South Blooming Grove, 2013 U.S. Dist. LEXIS 49797 (SD NY, March 28, 2013), a New York federal district court dismissed a suit by a Hasidic Jewish organization claiming that the village's failure to act on an application for a special permit to operate a yeshiva on plaintiff's leased property violates RLUIPA as well as various federal and state constitutional protections. The court concluded that the dispute is not ripe for review because "plaintiff has not plead that it has obtained a final decision from the Village on its application, and it has not shown that the narrow futility exception to this rule applies."