Saturday, September 27, 2014

Federal Court Says State Court Should Act First In Challenge To Eruv Zoning Decisions

East End Eruv Association v. Town of Southampton, (ED NY, Sept. 24, 2014), is the latest decision by a New York federal district court in challenges to the refusal by Long Island towns to permit a Jewish organization to construct an eruv.  The court held that the claim that zoning authorities acted arbitrarily and capriciously in denying an appeal and a variance should be decided in state court, and that plaintiffs' other five claims should be stayed pending that decision.  In a related decision, on the same day in the same case, the court refused to allow an organization known as Jewish People Opposed to the Eruv to intervene in the case.