Congregation Rabbinical College of Tartikov, Inc. et al v. Village of Pomona et al

Filing 390

JUDGMENT: It is hereby ORDERED AND ADJUDGED That Plaintiffs' First Cause of Action, free exercise of religion under the United States Constitution; Second Cause of Action, free speech under the United States Constitution; Third Cause of Acti on, free association under the United States Constitution; Fifth Cause of Action, substantial burden under the Religious Land Use and Institutionalized Persons Act (42 U.S.C. § 2000cc(2)(a)); Seventh Cause of Action, equal terms under the Reli gious Land Use and Institutionalized Persons Act (42 U.S.C. § 2000cc(2)(b)(l); Eighth Cause of Action, exclusion and limits under the Religious Land Use and Institutionalized Persons Act (42 U.S.C. § 2000cc(2)(b)(3)(A)); Ninth Cause of A ction, exclusion and limits under the Religious Land Use and Institutionalized Persons Act (42 U.S.C. § 2000cc(2)(b)(3)(B)); Twelfth Cause of Action under the Fair Housing Act (42 U.S.C. § 3604); Thirteenth Cause of Action under the Fai r Housing Act (42 U.S.C. § 3617); and Fourteenth Cause of Action under New York common law (Berenson doctrine) are dismissed. And, except as to the claim for discrimination under New York Constitution, Article 1, 11, Plaintiffs Tenth Cause of Action is dismissed. (Signed by Judge Kenneth M. Karas on 3/19/2020) (jca)

Case 7:07-cv-06304-KMK Document 388-1 Filed 03/16/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---X
CONGREGATION RABBINICAL COLLEGE OF
TARTIKOV, INC., RABBI MORDECHAI BABAD,
RABBI WOLF BRIEF, RABBI HERMEN KAHANA,
RABBI MEIR MARGULIS, RABBI MEILECH MENCZER,
RABBI JACOB HERSHKOWITZ, RABBI
CHAIM ROSENBERG, and RABBI DAVID A.
MENCZER,

Case No. 07-CV6304(KMK)

Plaintiffs,
-againstVILLAGE OF POMONA, NY; BOARD OF TRUSTEES OF
THE VILLAGE OF POMONA, NY; NICHOLAS SANDERSON,
AS MAYOR; IAN BANKS as Trustee and in his official capacity,
ALMA SANDERS ROMAN as Trustee and in her official capacity,
RITA LOUIE as Trustee and in her official capacity,
and BRETT YAGEL, as Trustee and in his official capacity,
Defendants.
¼

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_ _. . . _ _

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--~x

JUDGMENT
This matter came on for a bench trial before this Court and an Opinion and Order, dated
December 7, 2017 (Dkt. #333) was issued. Judgment was entered on March 1, 2018 (Dkt. #356).
The Judgment was appealed to the U.S. Court of Appeals for the Second Circuit, which issued a
decision (Dkt. #386) affirming in part, reversing in part and remanding certain claims to this
Court.

The Court of Appeals issued its mandate on February 13, 2020 (Dkt. #387).

In

accordance with the decision and the judgment of the Court of Appeals, it is hereby
ORDERED AND ADJUDGED
That Plaintiffs' First Cause of Action, free exercise of religion under the United States
Constitution; Second Cause of Action, free speech under the United States Constitution; Third

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Case 7:07-cv-06304-KMK Document 388-1 Filed 03/16/20 Page 2 of 2

Cause of Action, free association under the United States Constitution; Fifth Cause of Action,
substantial burden under the Religious Land Use and Institutionalized Persons Act (42 U.S.C.
§ 2000cc(2)(a)); Seventh Cause of Action, equal terms under the Religious Land Use and
Institutionalized Persons Act (42 U.S.C. § 2000cc(2)(b)(l); Eighth Cause of Action, exclusion
and limits under the Religious Land Use and Institutionalized Persons Act (42 U.S.C.
§ 2000cc(2)(b)(3)(A)); Ninth Cause of Action, exclusion and limits under the Religious Land

Use and Institutionalized Persons Act (42 U.S.C. § 2000cc(2)(b)(3)(B)); Tentn--Cmtse of Aeti~

-

freedom of __warship, fre@dom Gf ~pcech and rig1'it to assemble

under the New York S-tate

Co~itt:rtiGlJ.; Twelfth Cause of Action under the Fair Housing Act (42 U.S.C. § 3604);
Thirteenth Cause of Action under the Fair Housing Act (42 U.S.C. § 3617); and Fourteenth
Cause of Action under New York common law (Berenson doctrine) are dismissed.

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Dated a~~hite Plai~ New York
.
this~ day of ~at-o½ . 2020.

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