Tartikov Loses Appeal to Judge’s Rejection of Claim that Pomona’s Zoning Laws Discriminate against Orthodox Jews

By Sarah Morgenstern

For 15 years, Congregation Rabbinical College of Tartikov has been trying to build multiple buildings and dormitories within 130 wooded acres along the corridor between Routes 202 and 306, however Pomona city officials say the area is not zoned for such extensive development.

As claimed in two lawsuits, Tartikov argues that Pomona's zoning is discriminatory under the U.S. Constitution and New York Constitution, as well as under the Religious Land Use and Institutionalized Persons Act and the Fair Housing Act, lohud reported.

In October 2021, U.S. District Court Judge Kenneth Karas rejected Tartikov’s claims that two of the village’s zoning laws were discriminatory against Jews who want to expand their educational presence in Pomona.

Karas ruled the Chassidishe school must provide to the village land use boards: the facts that form for basis for discrimination it claims, by providing its development plans, seeking permits, and variances. 

After appealing Judge Karas’ decision to again claim that discrimination was what was preventing them from building 474 housing units on the former Patrick Farm, last Friday, Tartikov lost again.

On May 27, the U.S. Court of Appeals for the Second Circuit upheld the previous judge's decision that denied Tartikov's claims that the zoning laws are discriminatory.

In his defense of Pomona not allowing Tartikov to build on what the town regards as a “pristine” swath of land, Pomona attorney Brian Nugent claimed that "Tartikov has been suing the Village of Pomona for almost 15 years without ever filing a single land-use application.

“Tartikov keeps filing the same legal claims and hoping for a different result.

“Once again, that approach has failed for Tartikov." 

Photo credit: Robert Brum/ The Journal News