In Ateres Bais Yaakov Academy of Rockland v. Town of Clarkston, (2d Cir., Dec. 8, 2023), the U.S. 2nd Circuit Court of Appeals held that an Orthodox Jewish school that was prevented by town officials and a citizens' group from purchasing property on which to build met the standing and ripeness requirements to bring suit under RLUIPA, civil rights laws and state tort law. The court said in part:
ABY argues on appeal that its claims were ripe because nothing more than de facto finality is required for us to review them, and that such finality attached when the Zoning Board informed ABY that it would not entertain its appeal. ABY also argues that the district court erred in holding that ABY failed to satisfy the traceability requirement of Article III standing as to its tortious interference claim because it adequately pleaded that the Town Defendants’ conduct caused its contractual injuries. We agree with ABY and, therefore, we REVERSE the judgement of the district court and REMAND for further proceedings consistent with this opinion.
