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RLUIPA Claim Is Ripe for Judicial Review When Zoning Board Failed to Hear Appeal
In a reversal of the District Court, the Second Circuit Court of Appeals found that the failure of a local Zoning Board of Appeals to hold a hearing on an appeal from the determination of the building inspector, constituted a final determination that was ripe for judicial review. In Ateres Bais Yaakov Academy of Rockland v. Town of Clarkstown, 22-1741-cv the Court reversed the District Court decision dismissing the claim of a violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and remanded the case for further proceedings.
The Court likewise reversed the District Court finding that there were insufficient allegations that the actions of the Defendants resulted in the loss of the Plaintiffs' (ABY) contract to purchase the property at issue. The Circuit Court held ABY met the "traceability requirement" for a claim of tortious interference.
ABY's submissions detailed that ABY had intended to purchase a local church (Grace Church) building and convert it to use as an Orthodox Jewish girl's school. Previously, the local economic assistance agency which is administered by the local Industrial Development Agency (IDA) had committed to funding at a different location for ABY. When ABY met with the IDA about transferring the funding to the new location, ABY received an informal approval. ABY had also received a commitment for additional private funding.
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