Saturday, January 17, 2009
Developers allege discrimination in building moratorium
A group of Jewish developers has filed a federal lawsuit against the Village of South Blooming Grove, which was created through public referendum in the summer 2006.
In their suit, which has been assigned to Senior United States District Judge William Connor in White Plains, they contend that the village has acted in a manner calculated to thwart its own development by unreasonably extending a building moratorium for more than two and one-half years and by signaling its intent to adopt a restrictive zoning ordinance which is at variance with the existing character of the village.
The village currently is primarily comprised of one-half and one acre lots and multi-family housing, along with large tracts of vacant land, owned primarily by the plaintiffs.
The developers contend that the village’s “dilatory conduct is motivated by the same desire which led to the formation of the village in the first instance – to keep Orthodox Jews out of the area now comprising the village.”
The Complaint alleges that the village was formed in response to fears that Orthodox land owners would create another community of Kiryas Joel in that area, which is located about a mile from that community. Since its creation, the village has responded to the same sentiment and prevented the developers from productively using their property, the lawsuit alleges.
Michael Sussman, counsel for the developers, commented, “The suit makes serious allegations – that those behind this village want to block development by people they believed would bring a large Jewish population into their community. The existence of Kiryas Joel cannot be an excuse for anti-Semitism in this county.”
As relief, the developers seek a zoning ordinance consistent with the current character of the village and money damages caused by the delay in implementing such an ordinance in the village.
http://www.midhudsonnews.com/News/2009/January09/16/VSBG_mor_suit-16Jan09.html
In their suit, which has been assigned to Senior United States District Judge William Connor in White Plains, they contend that the village has acted in a manner calculated to thwart its own development by unreasonably extending a building moratorium for more than two and one-half years and by signaling its intent to adopt a restrictive zoning ordinance which is at variance with the existing character of the village.
The village currently is primarily comprised of one-half and one acre lots and multi-family housing, along with large tracts of vacant land, owned primarily by the plaintiffs.
The developers contend that the village’s “dilatory conduct is motivated by the same desire which led to the formation of the village in the first instance – to keep Orthodox Jews out of the area now comprising the village.”
The Complaint alleges that the village was formed in response to fears that Orthodox land owners would create another community of Kiryas Joel in that area, which is located about a mile from that community. Since its creation, the village has responded to the same sentiment and prevented the developers from productively using their property, the lawsuit alleges.
Michael Sussman, counsel for the developers, commented, “The suit makes serious allegations – that those behind this village want to block development by people they believed would bring a large Jewish population into their community. The existence of Kiryas Joel cannot be an excuse for anti-Semitism in this county.”
As relief, the developers seek a zoning ordinance consistent with the current character of the village and money damages caused by the delay in implementing such an ordinance in the village.
http://www.midhudsonnews.com/News/2009/January09/16/VSBG_mor_suit-16Jan09.html
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