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

Filing 53

OPINION AND ORDER re: 36 MOTION to Dismiss filed by Defendants, Village of Pomona, NY; Board of Trustees of The Village of Pomona, NY; Nicholas Sanderson, as Mayor; Ian Banks, Alma Sanders Roman, Rita Louie and Brett Yagel, as Trustees and in their Off. For the reasons discussed above, Defendants' Motion is granted in part and denied in part. Plaintiff Kolel Belz is dismissed as a Plaintiff in this action without prejudice. The remaining Plaintiffs' as-applied challenges under the Fr ee Speech, Free Exercise, and Free Association Clauses of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, and RLUIPA, as well as their as-applied claims under the New York Constitution and New York state law, are dismissed without prejudice as unripe. The Motion To Dismiss is denied as to the remaining claims. The Clerk of Court is respectfully directed to terminate the pending motion. (Dkt. No. 36.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/4/2013) (mml)

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