Haverstraw to settle suit with Orthodox Jewish congregation over rejected synagogue plan
THIELLS − The Town of Haverstraw has put forth a settlement deal in a controversial land-use case by an Orthodox Jewish congregation that has the town and three Planning Board members facing a federal civil rights lawsuit.
A Stipulation of Agreement was drawn up for the U.S. District Court for the Southern District of New York.
K'hal Bnei Torah of Mount Ivy had been before land-use boards since 2021 seeking permission to convert a single-family home at 62 Riverglen in Thiells into a synagogue. The town Planning Board voted in August to deny approval of the project.
Power of RLUIPA: Rejected Haverstraw synagogue cites fed law, while neighbors challenge it
Ira Emanuel, who represents the congregation, declined comment. The congregation has a federal lawsuit against the town, Planning Board and three members of the panel who voted "no," Glenn Widmer, Joseph Michalak and Robert Sambrato.
Town Supervisor Howard Phillips said that on advice of counsel, he would decline comment until Monday's meeting.
Robert Tuttle, a professor at George Washington University Law School who specializes in religion and law, reviewed federal court filings and found the town could face hurdles defending itself.
"There is no rational basis for the ‘no’ vote," he said in a recent interview with the USA Today Network New York. "The claims are inconsistent with the existing findings and approvals that were made."
Tense meetings
The request went through rounds of heating public meetings − including one where a neighbor said he would "of course" back up his vehicle over Orthodox Jewish children if he was to run over them.
The antisemitic comments during an August 2021 meeting brought national condemnation, with a pledge by the New York State Attorney General to help with any investigation into criminal charges. The resident was never charged.
While variances were issued, on Aug. 10, the Planning Board voted 3-2 to deny final approval. An audience of about 70 erupted in cheers.
After the vote, town land-use attorney Christie Addona sat quietly, with her head in her hands.
The resolution she had read before the vote referenced the Religious Land Use and Institutionalized Persons Act, or RLUIPA, seven times in explaining why the board would vote to approve the plan. The controversial federal law prohibits local land-use rules that impose a "substantial burden" on the religious exercise of a person or religious assembly or institution.
A federal civil rights challenge by the congregation cited RLUIPA, as well as state land-use laws that protect religious expression.
What's in the deal
A Stipulation of Settlement was drafted for the U.S. District Court of the Southern District of New York.
As part of the deal to get the Planning Board's OK for the project, the synagogue plan would undergo slight alterations and the town would cover the Orthodox Jewish congregation's legal fees.
Part of the agreement would have the synagogue's upper level slightly reduced and a other modifications, and the Planning Board would issue its approval.
The town would pay $235,000 for legal fees incurred by the congregation.
William Stein would represent the town as its attorney and the deal would end the congregation's legal action.
Neighbors have also filed a federal lawsuit against the congregation.
Meeting on Monday
A joint meeting of the boards takes place at 7 p.m. on Monday at Town Hall, 1 Rosman Road.
A notice and agenda were posted Thursday around 5 p.m. on the town's website.
The agenda of both the planning and town boards for the special meeting contained just three items: 1. The Pledge of Allegiance; a roll call; and "Resolution authoring settlement of the lawsuit brought by K'Hal Bnei Torah of Mount Ivy against the town of Haverstraw et al.
Nancy Cutler writes about People & Policy. Follow her on Twitter at @nancyrockland.
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This article originally appeared on Rockland/Westchester Journal News: Synagogue and town of Haverstraw cut deal to end RLUIPA lawsuit
