Aug 26 2016 12:05 pm

A federal court issued a final order determining that prohibiting Yeshiva Gedola Na’os Yaakov from operating its religious boarding school for advanced Jewish studies in Ocean Township, N.J. violates federal law. It further required the Township to permit the Yeshiva to operate its educational institution with 80 students at 1515 Logan Road in Ocean Township.

This order ends the Yeshiva’s two-year struggle to locate its facility in the Township and vindicates its constitutional rights. The Yeshiva’s lawsuit was filed earlier this year in federal district court and alleged violations of the First and Fourteenth Amendments to the U.S. Constitution, the federal Religious Land Use and Institutionalized Persons Act (“RLUIPA”) and the Fair Housing Act. The Yeshiva is also represented by New Jersey attorney Donna M. Jennings of Wilentz, Goldman & Spitzer, P.A.

“We are grateful for this wonderful result that will permit our clients to operate their distinguished institution in Ocean Township. Zoning regulation should never be used as a tool to accommodate the unreasonable fears and prejudice of small-minded individuals desperate to keep a certain population out of their neighborhoods,” said Roman P. Storzer, the Yeshiva’s attorney. “Unfortunately, this has become all too common in New Jersey. In a rare bipartisan effort, Congress had enacted legal protections against this type of bigotry and we will seek to have these rights enforced where they are threatened.” There are currently similar lawsuits pending against Toms River and Howell Townships.

In its Order, the federal court stated:

The determination of the BOA [Board of Adjustment] denying plaintiffs’ application is hereby reversed and the plaintiffs’ use is deemed an inherently beneficial use, and the denial of that application is determined to be a violation of RLUIPA.

The court further ordered:

The plaintiffs are hereby granted approval to operate the subject property as a religious boarding school . . . .

“I was pleased to see how quickly we were able to get a just result for our clients. It is important to remember that our Constitution, statutes and ordinances are enacted for the benefit of everyone and so despite the enormous local opposition our clients’ religious rights could not be trampled,” said Donna Jennings, co-counsel for the plaintiffs.

Rabbi Shlomo Lesin, an official with the Yeshiva, said of the decision: “I am confident that we can build a solid relationship with this community, which is comprised of dedicated family-minded individuals, based on understanding and traditional values. We believe that the honor that we strive to bring to the name of the Al-mighty will resonate with our neighbors and foster unity and fellowship.”

Zebra Holdings, one of the plaintiffs in the action, was pleased with the outcome designed to protect both the interests of the local community as well as the Constitution. “We look forward to a good working relationship with the Township as well as the community at large,” said one of Zebra Holdings’ principals.

Religious land uses are protected from undue burdens, discrimination and arbitrary treatment under RLUIPA, which was passed by Congress fifteen years ago to prevent discrimination against religious institutions in land use regulation. The attorneys of Storzer and Associates, P.C. have represented scores of churches, temples, mosques and synagogues in land use conflicts from Hawaii to Florida. Storzer has been described by the Religion Newswriters Association as “one of the country’s most experienced litigators” in religious land use law, and has successfully represented Christian, Jewish, Muslim, Hindu, Buddhist, Native American, Sikh and other religious organizations in RLUIPA and First Amendment cases throughout the nation.

Ms. Jennings is a shareholder on the land use team at Wilentz, Goldman & Spitzer, P.A., a full-service law firm with four offices throughout New Jersey, New York and Pennsylvania. She has represented a number of religious institutions before local municipal planning and zoning boards, and successfully litigated appeals on their behalf.

[TLS]

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