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2nd Circuit Says Village Is Bound By Its Zoning Case Settlement

By Howard M. Friedman

In Congregation Mischknois Lavier Yakov, Inc. v. Board of Trustees for the Village of Airmont, New York, (2d Cir., Nov. 26, 2008), the U.S. 2nd Circuit Court of Appeals rejected an attempt by the the village of Airmont (NY) to back out of a 2005 zoning settlement it had agreed to, and which had been embodied in a federal district court order. At issue is the agreement to allow the building of a yeshiva (Jewish religious school), along with a dormitory for 170 students and 30 apartments. The village argued that the settlement was void as contrary to state law since it did not permit local residents to participate in decisions regarding the zoning variance. The court concluded that the village's due process rights had not been violated by the settlement. Today's Lower Hudson Valley Journal News reports on the decision.

Full post as published by Religion Clause on November 27, 2008 (boomark / email).