Federal judge says religious facility failed to prove civil rights violations, discrimination.

Buy Photo The Chofetz Chaim yeshiva and apartment complex in Wesley Hills. (Photo: Peter Carr/The Journal News)Buy Photo

A federal judge has again ruled that a yeshiva failed to prove that several villages in the town of Ramapo opposed a housing development based on anti-Hasidic sentiments.

Friday's decision involved a nearly decade-long legal action by Mosdos Chofetz Chaim against the villages of Pomona, Chestnut Ridge, Wesley Hills and Montebello.

The yeshiva accused the communities of incorporating as villages to curtail the expansion of Hasidic neighborhoods through restrictive zoning. It also claimed the villages hid behind environmental laws to oppose the town of Ramapo's adult student housing zone and singled out the yeshiva's housing and study center on Grandview Avenue, just outside the village of New Hempstead.

Chofetz Chaim sought $100 million in damages, attorneys for the villages said. The yeshiva and Ramapo have also battled those villages in state court since 2004, with accusations of zoning and fire violations at the development.

Rabbi Aryeh Zaks, his family and other Chofetz Chaim officials claimed the villages conspired to deprive the yeshiva of its civil, religious and equal protection clause rights under the U.S. Constitution, as well as the Fair Housing Act.

U.S. District Judge Kenneth Karas, in a 76-page decision, wrote that, while he was sympathetic to accusations of discrimination, there was a lack of evidence in the yeshiva's case.

He wrote that yeshiva officials "have offered nothing more than conclusory, unsubstantiated assertions in support" of civil rights violations and "threadbare allegations alone will not suffice to defeat" a request by the village's lawyers to dismiss the legal action.

Karas also cited a decades-long contentious relationship between the Hasidic community and other town residents.

"The allegations, while often supported only by inference, are grounded in the context of fifty plus years of distrust, hostility and even bigotry within the communities at issue here," Karas wrote. "Having lived and worked with residents and officials from the villages during these many years, plaintiffs firmly believe that they have been targeted because of their religious beliefs, even if they cannot point to discriminatory statements by defendants."

Pomona's attorney, Greg Saracino, said Karas' decision is rooted in the law and an appeal would prove futile.

"The $100 million case was designed to bankrupt the villages," Saracino said. "I'm glad it's history."

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The yeshiva's lawyer could not be reached for comment.

Karas had dismissed the yeshiva's initial legal action in 2010 but allowed the congregation to refile.

Chofetz Chaim bought 4.7 acres on Grandview Avenue in 1997, after the federal government declared the Nike military property surplus. A federal lawsuit settlement against New Hempstead for blocking development put the land back under Ramapo's jurisdiction.

Along with a study center, the yeshiva development contains 32 two-bedroom units and 28 four-bedroom units for students and their families.

Twitter: @lohudlegal

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