CONGREGATION RABBINICAL v. VILLAGE OF POMONA, NY

Docket Nos. 18-0869-cv(L), 18-1062-cv(XAP) August Term 2018.

945 F.3d 83 (2019)

CONGREGATION RABBINICAL COLLEGE OF TARTIKOV, INC., Rabbi Mordechai Babad, Rabbi Wolf Brief, Rabbi Herman Kahana, Rabbi Meir Margulis, Rabbi Meilech Menczer, Rabbi Jacob Hershkowitz, Rabbi Chaim Rosenberg, Rabbi David A. Menczer, Plaintiffs-Appellees-Cross-Appellants, Rabbi Gergely Neuman, Rabbi Kolel Belz, of Monsey, Rabbi Aryeh Royde, Rabbi Akiva Pollack, Plaintiffs, v. VILLAGE OF POMONA, NY, Board of Trustees of the Village of Pomona, NY, Nicholas L. Sanderson, as Mayor, Ian Banks, as Trustee and in his official capacity, Alma Sanders-Roman, as Trustee and in her official capacity, Rita Louie, as Trustee and in her official capacity, Brett Yagel, as Trustee and in his official capacity, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 20, 2019.


Attorney(s) appearing for the Case

Thomas J. Donlon , Robinson & Cole LLP, Stamford, CT ( John F. X. Peloso Jr. , Robinson & Cole LLP, Stamford, CT; Marci A. Hamilton , Washington Crossing, PA, on the brief), for Defendants-Appellants-Cross-Appellees.

Roman Storzer , Washington, DC ( Joseph A. Churgin , Donna C. Sobel , Savad Churgin , Nanuet, NY; John G. Stepanovich , Stepanovich Law, PLC, Virginia Beach, VA, on the brief), for Plaintiffs-Appellees-Cross-Appellants.

Before: Wesley and Chin, Circuit Judges; and Kaplan, District Judge.


This case poses difficult and in some respects subtle questions. Educational and religious institutions, as owners and users of real estate, are generally subject to local land use regulation. But they play unique roles in our society. Hence, our laws afford them some special treatment with respect to such regulation. Moreover...

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