ABY ACADEMY OF ROCKLAND v. TOWN OF CLARKSTOWN

No. 22-1741-cv August Term, 2022.

88 F.4th 344 (2023)

ATERES BAIS YAAKOV ACADEMY OF ROCKLAND, Plaintiff-Appellant, v. TOWN OF CLARKSTOWN, George Hoehmann, Cupon Inc., Citizens United to Protect Our Neighborhoods of Greater Nanuet Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 8, 2023.


Attorney(s) appearing for the Case

Joshua Halpern , ( Yehudah L. Buchweitz , Kevin M. Simmons , David Yolkut , on the briefs), Weil, Gotshal & Manges LLP, Washington, DC, Dallas, TX & New York, NY, for Plaintiff-Appellant.

Eliza M. Scheibel , ( John M. Flannery , on the brief), Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains, NY, for Defendants-Appellees.

Before: Parker, Park, and Nathan, Circuit Judges.


In 2018 and 2019, Plaintiff-Appellant Ateres Bais Yaakov Academy of Rockland ("ABY") contracted to purchase property in Clarkstown, New York owned by Grace Baptist Church to establish an Orthodox Jewish school. ABY alleges that, in response, the Town of Clarkstown, and Town Supervisor...

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