Court Finds Rabbinical College Lawsuit Against Village Is Not Ripe for Determination

The Plaintiffs seek to develop a Rabbinical College to train Rabbis who will conduct Rabbinic Courts, utilized by Orthodox Jewish individuals. This action derives from Plaintiffs' desire to prevent the Village's enforcement of zoning provisions contained in two Local Laws. The Village has refused Plaintiffs' request to repeal the laws. "The laws prohibit the construction of non-accredited educational institutions and housing for students with families on the Subject Property. Specifically, Plaintiffs challenge Local Law No. 1 of 2001 and Local Law No. 5 of 2004 (the "Challenged Laws") with respect to 'educational institutions' and 'dormitories' of such institutions." Before the Court was Defendants' Motion to Dismiss and Plaintiffs' Motion for a Preliminary Injunction. The Court granted the motion to dismiss and denied the injunction.

The property at issue is zoned residential, permitting educational uses by special permit. The local law defines Educational Institutions as "[a]ny private or religious elementary, junior high or high school, college, graduate [,] or post-graduate school conducting a full-time curriculum of instruction … accredited by the New York State Education Department or similar recognized accrediting agency," Such uses require ten acre lots and permit dormitories, provided rooms open to common hallways, along with shared cooking and dining facilities. "Single family, two-family and/or multi-family dwelling units other than as described above shall not be considered to be dormitories or part of dormitories."