Ateres Lawsuit Against Clarkstown Dismissed

By M. C. Millman

Ateres Bais Yakov's $10 million religious discrimination lawsuit accusing the Town of Clarkstown, Clarkstown Supervisor George Hoehmann, CUPON of Rockland Inc., and CUPON of Greater Nanuet Inc. of conspiring to block the school from buying Grace Baptist Church was dismissed after more than two years.

In a 41-page outline of his decision released on Tuesday, July 12, federal Judge Nelson Roman ruled that Ateres's legal action was premature.

He also ruled that town officials didn't conspire with a local grassroots citizens group to block the school from buying Grace Baptist Church, a three-plus acre property located on Demarest Road, claiming that any discrimination claims were speculative as the land-use decision process had not been finished. 

Ateres's lawsuit accused Clarkstown of violating the school's constitutional rights through "calculated and discriminatory efforts," which prevented the Bais Yaakov from receiving required town land use board approvals. Ateres also claimed Clarkstown's actions undermined its efforts to obtain $5 million in financing for the purchase, which hurt the school financially.

Hoehmann says that now that the lawsuit is over, the Town plans to demolish the building and create more parking for the nearby public school and area.

Ateres can still appeal to the Second Circuit Court of Appeals.