Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Friday, December 08, 2017
Rabbinical College Wins Challenge To Zoning and Environmental Laws
In Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona, NY, (SD NY, Dec. 7, 2017), a New York federal district court in a 112-page opinion held that various zoning and environmental regulations enacted by the Village of Pomona violate the rights of plaintiff which is seeking to build a rabbinical college, on-campus housing and related religious facilities on a 100-acre piece of land which it owns. The court held that plaintiff had proven that the challenged laws were enacted with a discriminatory purpose to "thwart the expansion of the orthodox/ Hasidic community. The challenged laws were found to violate the Equal Protection Clause, the state and federal Free Exercise Clauses, RLUIPA's non-discrimination provisions, and the Fair Housing Act. the court also concluded that the challenged laws imposed a substantial burden on plaintiff's religious exercise in violation of RLUIPA. Lohud reports on the decision.