Fed. Dist. Court in NY Dismisses RLUIPA Claim on Ripeness Grounds

This post was authored by Aron Pirov, Touro College Jacob D. Fuchsberg Law Center

Congregation Rabbinical College of Tartikov, Inc. (Tartikov) is a New York religious corporation formed to establish the Rabbinical College in Village of Pomona (NY), which includes a housing component for students and their families. To this end, in 2004 Tartikov purchased a 100-acre property in the Village of Pomona. However, the zoning ordinance of Village of Pomona prohibited the construction of non-accredited educational institutions and housing for students with families on this property. Tartikov sought a preliminary injunction against the Village and Board of Trustees from enforcing zoning ordinances that prohibit Tartikov from building the Rabbinical College alleging that these ordinances are unlawful under the Religious Land Use and Institutionalized Persons Act of 2000, the Fair Housing Act and the New York State Constitution.  The federal district court found that in order to review any claims the plaintiffs must prove that their request to build the Rabbinical College was denied by the Village of Pomona by a “final decision.” A final decision requires that a development plan must be submitted, considered, and rejected by the governmental entity. Even when the plaintiff applies for approval of a subdivision plan and is rejected, a claim is not ripe until plaintiff also seeks variances that would allow it to develop the property. If, however, plaintiffs can show that the Village of Pomona would not entertain any of their applications, then the plaintiffs do not have to show “final decision” for the purposes of ripeness. Based on facts of the case, the Court concluded that plaintiffs never submitted any applications seeking approval to build Rabbinical College. Therefore, plaintiff’s application to build the Rabbinical College was never denied and there were no decisions made on this case, let alone “final decision.” Therefore, the Court dismissed the petition.  

Congregation Rabbinical College of Tartikov, Inc. v Village of Pomona, 2021 WL 4392489 (SDNY 9/24/2021)