Skip to main content

Tartikov case in Pomona demonstrates the danger of RLUIPA's power

Show Caption

Re "Tartikov congregation seeks $5.2M in legal fees from Pomona," Aug. 6 article:

One of the most discriminatory provisions of the federal religious land-use law known as  RLUIPA — ironically, was crafted to protect individuals and groups from zoning discrimination — is that it can saddle those accused with uncontrolled, unsustainable legal fees.

Communities like Pomona and Airmont, seeking reasonable, balanced zoning according to long-accepted suburban master plans, face impoverishing legal costs whether they win the battle to protect themselves or not. 

SPRING VALLEY: Broker says village board refused to hear his proposal

Clarkstown land-use case: Good neighbors or good zoning?

CHESTNUT RIDGE: Village weighs zoning code for houses of worship

Case in point: Congregation Rabbinical College of Tartikov is asking for $5.2 million in legal fees, based on a federal judge's ruling that the village's zoning discriminated against it on a request to build a school dormitory in an otherwise country community. The tiny village, crafted from Ramapo and Haverstraw in 1967 to guard against overdevelopment, has already spent $5 million in defending itself.

RLUIPA may prove unconstitutional in that it dilutes the rights of communities in the name of protecting others and therefore discriminates. And the law’s failure to restrain legal expense, which is a cash cow for speciality “religious rights” firms, is discriminatory against citizens and taxpayers who have a right to balanced growth but fear debilitating expense.

Arthur H. Gunther III


The writer is former Rockland Editorial Page editor of The Journal News/