The following article appears in today’s Journal News: 

Attorneys representing Pomona village and a developer of a planned rabbinical college had their first face-off before a U.S. District Court judge.

Congregation Rabbinical College of Tartikov sued the village in July 2007, arguing that Pomona’s land-use regulation and conduct prohibited it from building and operating the college and housing for students on a 130-acre site off routes 202 and 306.

The village then filed a motion to dismiss the case with Judge Kenneth Karas in White Plains, who has been handling the lawsuit.

The hearing was for Karas to ask both sides questions to render his opinion of whether to continue the lawsuit.

Marci A. Hamilton, attorney for Pomona and an expert on the federal Religious Land Use and Institutionalized Persons Act, known as RLUIPA, presented the village’s case first, arguing that Pomona has never received an application from the developer on the project, so the village officials and residents didn’t know what Tartikov really wanted to build on the site.

The developer has said that it wanted to build a rabbinical college and dormitories for at least 250 students and their families.

Karas jumped into the center of Tartikov’s complaint, the village’s alleged discriminatory attitude.

“Is this all about real estate?” Karas said.

Karas then read a quote from former village Mayor Herbert Marshall, which was made long before the lawsuit.

The quote, which was part of Tartikov’s complaint, was about Marshall’s speaking before residents that he would be unable to discuss the developer’s plan because his attorney stopped him from doing so.

The judge also asked about the village’s accreditation requirement. The village ordinance does not allow nonaccredited colleges and educational facilities to build dorms.

Tartikov, being nonaccredited, would need the exemption to submit its plans. But the village wouldn’t grant the exemption. Tartikov’s attorneys have said that because of the programs it offered, the rabbinical college cannot be accredited.

Karas asked what Tartikov could do to submit its plan without accreditation.

Pomona Village Attorney Doris Ulman said that the developer could petition for a zone change.

Paul Savad, a Nanuet lawyer representing Tartikov, told Karas that applying for a zone change would give the village a tool to further delay the process, discouraging the developer from proceeding.

Roman P. Storzer, attorney for the developer, told the judge that the village’s actions have been discriminatory against Hasidic Jewish students, who simply wish to enjoy their rights to study.

Savad also told the judge that the developer wanted a level playing field, which would let Tartikov submit the plan.

At the end of the hearing, Karas spoke to attorneys and to people sitting in the back, including people from the Hasidic Jewish community and Pomona village officials.

“I recognize that this is a very important case for both of you,” Karas said. “I do the best I can.”

It will be the judge’s discretion when to render his opinion on the motion to dismiss.

Hamilton said she would expect Karas to come back with his opinion in six to 12 months.

(LoHud.com)