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Court Finds Rabbinical College Lawsuit Against Village Is Not Ripe for Determination

By Steven M. Silverberg
December 01, 2021

The Southern District of New York, as part of an unresolved 14-year saga in the Village of Pomona, New York, found that the Plaintiffs, who are seeking to construct a Rabbinical College, had brought an action against the Village that is not ripe for adjudication (No.20-CV6158(KMK), appeal filed Oct. 22, 2021).

The Plaintiffs seek to develop a Rabbinical College to train Rabbis who will conduct Rabbinic Courts, utilized by Orthodox Jewish individuals. This action derives from Plaintiffs' desire to prevent the Village's enforcement of zoning provisions contained in two Local Laws. The Village has refused Plaintiffs' request to repeal the laws. "The laws prohibit the construction of non-accredited educational institutions and housing for students with families on the Subject Property. Specifically, Plaintiffs challenge Local Law No. 1 of 2001 and Local Law No. 5 of 2004 (the "Challenged Laws") with respect to 'educational institutions' and 'dormitories' of such institutions." Before the Court was Defendants' Motion to Dismiss and Plaintiffs' Motion for a Preliminary Injunction. The Court granted the motion to dismiss and denied the injunction.

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