The village acknowledges that violations pre-dating the purchase of the property by the yeshiva existed, and it is clear from the record that the village took no enforcement actions until the yeshiva purchased the properties to continue using them as a school, the yeshiva states in legal papers filed Friday in state Supreme Court at the Rockland Courthouse in New City.
The yeshiva s legal action states the village must explain to the court how the selective enforcement of its zoning ordinance survives scrutiny under the Fourteenth Amendment Equal Protection Clause.
The response also argues court is not the venue to provide advisory opinions, especially on speculations where no controversy exists.
The yeshiva plans to initially operate schools for 250 college-level students and 250 high-school level students, the congregation s attorney Joseph Churgin of Nanuet has said. He has said he s not aware of any plans for high-density housing.
The village also is asking the court to confirm the property s educational use permit has expired and the zoning has reverted back to single-family housing, potentially forcing Yeshiva Viznitz to seek updated permits to operate a school. potentially forcing the congregation to seek updated permits.
The village argues in its complaint that the nonconforming use ended when the property had not been used for a year for education. The college supposedly ceased operating in September 2019 and the congregation completed the sale on Dec. 20, 2020, according to the complaint.