Avenue 6E Investments, LLC v. City of Yuma, 2016 WL 1169080 (9th Cir.), involved the denial of a rezoning, notwithstanding the recommendation of approval by both the professional planning staff and the City’s Planning and Zoning Commission. Plaintiff developers brought these proceedings under both the Equal Protection Clause and the federal Fair Housing Act (FHA), alleging the denial was both intentional and also disproportionally deprived Hispanic residents of housing opportunities and perpetuated segregation. The subject denial was the first in three years and 76 rezoning applications.
Roman Catholic Diocese of Rockville Centre v. Incorporated Village of Old Westbury, 2015 WL 5178126 (EDNY) involved a lengthy battle over the siting of a religious cemetery in Defendant Village in the face of a newly adopted “Places of Worship” (POW) ordinance, challenged under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Civil Rights Act and the Equal Protection and Free Exercise clauses. In these proceedings Plaintiff moved for summary judgment, claiming the POW Ordinance was facially unconstitutional, while Defendants moved for summary judgment to dismiss all claims. Note, one claim not treated in this summary deals with New York’s State Environmental Quality Review Act (SEQRA), which involves New York statutory issues.
Bloomingburg Jewish Education Center v. Village of Bloomingburg, 2015 WL 3604300 (S.D.N.Y.) involved the purchase of property and moving in of Hasidic Jews in Bloomingburg, the adjacent defendant community of Mamakating, the resistance of existing community members, and their elected officials to these efforts, allegedly in violation of the First Amendment, the Equal Protection Clause, the federal Religious Land Use and Institutionalized Persons and Fair Housing Acts and New York law. Defendants seek dismissal of those claims. Specifically, Plaintiffs allege Defendants obstructed a housing development marketed to potential Hasidic buyers, impeded a private Hasidic religious school and mikvah (a Hasidic ritual bath used for purification), and engaged in a program of harassment and discriminatory code enforcement aimed at Hasidic Jews.
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