Last Thursday, the U.S. Third Circuit Court of Appeals heard oral arguments (audio and transcript of full oral arguments) in Anash, Inc. v. Borough of Kingston, (3d Cir., argued 1/22/2026). In the case, a Pennsylvania federal district court refused to grant a preliminary injunction to an Orthodox Jewish Yeshiva whose property was condemned. The Borough of Kingston contended that the property was being used for a school and dormitory in violation of zoning ordinances. The district court concluded that plaintiff was not suffering irreparable harm, and that it was not likely that plaintiff would succeed on the merits of its challenge to the relevant zoning ordinance. (See prior posting.) On appeal, the Yeshiva claimed violations of RLUIPA and of the due process clause.
