A religious school’s lawsuit against the village of Mamaroneck will go to trial in federal court this week and its outcome may have a significant impact on municipal zoning codes across the state.
The dispute started in 2001 when the Westchester Day School, a yeshiva for more than 400 students, sought permission from the village to erect a 44,000-square-foot building on the school’s 26-acre property in Orienta Point.
After a series of hearings, approvals, neighborhood objections, denials, higher court appeals and a recent attempt at a settlement this past summer, the school and village lawyers will present the case before Judge William Connor of the Southern District Court in White Plains beginning at 9:30 a.m. tomorrow.
The first of its kind tried in court in this district, the case is one of about 45 currently in litigation nationally and will test the constitutionality of a controversial federal law passed in 2000.
The lawyers for the school will seek protection under the Religious Land Use and Institutionalized Persons Act, which makes it very difficult for a municipality to stop religious groups from constructing, expanding or renovating buildings unless there’s a “compelling interest,” such as public safety. But Kevin Plunkett, a lawyer for the village, said discrimination isn’t the issue in this case.
In addition to citing traffic, safety and noise concerns, he has said the law is too broad and exempts religious groups from zoning codes, even when there is no evidence of religious discrimination.
“We’re not denying them their religious exercise. But this isn’t religious exercise, this is a secular exercise. This is about classrooms,” Plunkett said.
Also at stake locally may be the large sum in legal fees the village will likely have to pay to its own lawyers and the school’s lawyers. This is because a provision in RLUIPA that says that if a religious institution wins, all attorney’s fees for both sides are paid by the municipality. But the reverse is not true: If the village wins, it still must pay its own fees.
The school may also seek several millions of dollars in damages for the delay in construction, Bernstein said last week.
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