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Pomona, NY: Village Wants Judge to Dismiss Rabbinical College Lawsuit

court hammer1.jpgThe village of Pomona has asked a federal judge in US District Court in White Plains, to dismiss a lawsuit filed by Congregation Rabbinical College of Tartikov [as reported HERE on YW], that wants to build a rabbinical college that residents fear would change the area’s rural character.

Tartikov, who wants to build the college on a 130-acre site off Routes 202 and 306, sued the village, arguing that Pomona’s land-use regulations and conduct prohibited it from building and operating the college. The congregation also asserted that the village discriminated against the Chasidic community.

But the village argued that the case brought by the congregation, which had not filed an actual application for the project with the village, was “enormously premature,” and the congregation’s claims were “deeply flawed.”

The village also stated that the congregation did not have standing to sue because the federal Religious Land Use and Institutionalized Persons Act, does not intend to exempt religious entities from the local land-use process.

“Plaintiff’s tactic of ‘sue first, apply later’ … should be rejected, and their premature and meritless claims should be dismissed,” court papers stated.

A congregation’s response would be filed by Jan. 14.

(Source: The Journal News)

15 Responses

  1. Unfortunately I agree with the township of Pomona. I would like to think that Tartikov would take a lesson from Bais Medrash Elyon, Satmar in Monroe, and New Square. I hope they rethink their stragedy and withdraw from federal court.

  2. Im so tired of people yelling “discrimination” or “anti semitism”. How many of us would welcome a college of any sort in our neighborhood? In my opinion it just breeds real anti semitsm.

  3. #2 you might be right, but… if you read the letters to the journal news and even some posts here from the preserve ramapo crowd, you will see that the cry of anti-semitism is real when preserve ramapo is involved

  4. #2,

    So you believe no new colleges may build anywhere? Or they should be required to build in some desolate deserted area not in any neighborhood?

  5. #4 You completely missed my point. they can build colleges where ever they want. but where ever that is the neighbors wont be happy. and it has nothing to do with discrimination.

  6. What would frum Monsey do if a Conservative seminary were to open on the corner of Maple and 306? How about a mosque, or a J4J center? Would they make sure not to do anything “discriminatory” about it? I doubt it.

  7. leave it to cantoresq to post the absurd – drive down 306 into the heart of Monsey a little bit down the block from Beis Medrash Elyon, and what do you see? i have yet to see mobs of yidden with pitchforks and torches.

    turn right at grove and diagonal from Hatzolah, what do you see? no protests there either

    now if you turn left on saddle river, there was an angry mob protest there (B’H without pitchforks and torches) – against nkusa.

    years ago, there was a non-jewish, “j4j” working in Pathmark complete with kippa and tzitzits – when he tried to convert the Yidden, the Yidden complained to management of the store and he was warned not to talk to the customers re: religion. eventually he was gone – not b/c of his religion, but b/c he chased away customers in an enterprise that values customer service.

  8. MDLevine,

    I am in Preserve Ramapo and am truly tired of the baseless attacks on the rights of citizens to ask our government for redress from grievances. The BaBad developers bought 130 acres zoned one acre residential and are trying to build high density housing on it under the auspices of a non-accredited “college”.

    My wife and I, as well as every neighbor I have purchased our homes in Pomona in good faith that the zoning laws requiring one acre per house was applicable to everyone, including one of many religions in our area. It would be like you deciding that need to turn your house in the middle of a residential neighborhood into a mega Christian church. It would not fit the area, and your neighbors would get out the pitchforks.

    So please post something that anyone from Preserve Ramapo has ever posted that is anti-semitic. I’m sure your response will not be forthcoming.


  9. MdLevine, those churches predate large Orthodox Jewish settlement in Monsey. What’s your point? I think you get mine very well though. Far too many people believe in the force of law only and only when it works to advance their particular agenda. When it doesn’t the law is racist, anti-semitic, wrong etc.

  10. my point cantoresq and #8 is clear, we don’t protest others! I never called for a protest of others! cantoresq made a false accusation that we would be not allowing others to build here (in fact he made the point so well that preserve ramapo picked up on it – cantoresq, you are known by the company you keep!). show me where we ever protested EXCEPT against nkusa!

    typical letter to the journalnews by a preserve ramapo supporter

    also, last time you posted here, the editor had to edit out your profanity laced postings and finally close the comments due to “imature, disgusting, profanity filled comments”
    I will commend you this time for at least remaining civil and refraining from foul language as it was not your modus operandi the last time you posted here.

    yes, we know that you “monitor” YW, but, frankly, who really cares what you have to say.

    re: “It would not fit the area, and your neighbors would get out the pitchforks.” (hmm, sounds like cantoresq) you are making an accusation that we are violent people – this is not so – and I take offense at such an accusation! granted you are only applying your mindset of violence and intolerance to others.

  11. MDLevine,

    Your assumption that I was censored for trying to post “imature, disgusting, profanity filled comments” to this or any other forum is a testament to your lack of maturity. A reasonable person would make the assumption that “Noname” made the questioned post as a last shot volley in a discussion he was losing. Note that Noname no longer posts here.

    I never met Joseph Fonseca, and can say that he is not a member of the leadership of PR. That said, there’s nothing he states that is Anti-Semitic which was the basis of your original post.

    Thanks for allowing me to exercise my free speech rights.


  12. from post number 27 of the link that I referenced above:

    “…Calling the toilet flushers “students” does nothing to decrease the volume of excrement…

    Edited: Please refrain from using any foul language.

    Comment by rprol — August 2, 2007 @ 11:10 am”

    The edit comment due to foul language is on your post Bob. re: lack of maturity??? how about your lack of ability to be able to read and comprehend. YOU were censored for foul langauge, not NoName.

    re: there is nothing that the letter writes that is anti-semitic? I’m sure preserve ramapo agrees with you and Joe 100%!

  13. You accused me of being censored for “imature, disgusting, profanity filled comments”. The editor removed a word that s/he felt may be inappropriate, but still posted my comment. I respect the opinion of the editor. You made a very large assumption in assuming it was I who posted the “imature, disgusting, profanity filled comments” that the editor completely blocked and closed the comments. Again, invective and innuendo by someone who is more interested in smearing others than discussing the issues.

    This is my last post on this subject.

  14. Bob,

    you were the only one censored for FOUL langauge in that string – being as I do not have access to see what you or others write in your posts, had to assume it was you…

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