Westchester Day School v. Village of Mamaroneck, 02 CIV. 6291(WCC).
| Decision Date | 02 March 2006 |
| Docket Number | No. 02 CIV. 6291(WCC).,02 CIV. 6291(WCC). |
| Citation | 417 F.Supp.2d 477 |
| Parties | WESTCHESTER DAY SCHOOL, Plaintiff, v. VILLAGE OF MAMARONECK, the Board of Appeals of the Village of Mamaroneck, Mauro Gabriele, George Mgrditchian, Peter Jackson, Barry Weprin and Clark Neuringer, in their Official Capacity as Members of the Board of Appeals of the Village of Mamaroneck, and Antonio Vozza, in his Official Capacity as a Former Member of the Board of Appeals of the Village of Mamaroneck, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Morrison & Foerster, LLP, New York, NY, Jack C. Auspitz, Esq., Joel C. Haims, Esq., Kyle W.K. Mooney, Esq., Of Counsel.
Bernstein, Liebhard & Lifshitz, LLP, New York, NY, Stanley D. Bernstein, Esq., Of Counsel, for Plaintiff.
Thacher Proffitt & Wood LLP, White Plains, NY, Kevin J. Plunkett, Esq., Darius P. Chafizadeh, Esq., Of Counsel.
The Law Office of Joseph C. Messina, Mamaroneck, NY, Joseph C. Messina, Esq., Lisa M. Fantino, Esq., Of Counsel, for Defendants.
Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, Attorneys for Amicus Curiae United States of America, New York, Sarah E. Light, Esq., Asst. United States Attorney.
Plaintiff Westchester Day School ("WDS" or the "School") brings this action against defendants the Village of Mamaroneck (the "Village"), the Zoning Board of Appeals of the Village of Mamaroneck (the "ZBA"), Mauro Gabriele, George Mgrditchian, Barry Weprin and Clark Neuringer, in their official capacities as members of the ZBA, and Antonio Vozza, in his official capacity as a former member of the ZBA, (collectively, the "defendants"). Plaintiff seeks relief under: (1) the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq. ("RLUIPA"), alleging, inter alia, that defendants substantially burdened WDS's religious exercise by denying its application for a special permit to construct a new school building and to renovate and improve other existing buildings on the WDS campus; and (2) the All Writs Act, 28 U.S.C. § 1651, alleging, inter alia, that the ZBA's denial of WDS's application was arbitrary and capricious and not supported by the evidence in the record.1 This Court conducted a noncontinuous, seven-day bench trial beginning November 14, 2005 and concluding November 29, 2005. For the reasons that follow, we enter judgment in favor of plaintiff.2 Pursuant to FED. R. Civ. P. 52(a), the following opinion sets forth the Court's Findings of Facts and Conclusions of Law.
WDS commenced its action on August 7, 2002, following a vote by the ZBA six days earlier that purported to rescind a Negative Declaration issued by it on February 7, 2002 in connection with a special permit application filed by WDS on October 10, 2001 (the "Application"). Specifically, the Application requested that the ZBA modify WDS's existing special permit to allow construction of a new 44,000 square foot school building ("Gordon Hall") as well as make related improvements to its campus (collectively, the "Project"). In its initial Complaint, WDS asserted claims under: (1) RLUIPA, 42 U.S.C. § 2000cc et seq.; (2) N.Y. Village Law § 7-712-a(12); (3) N.Y. C.R.R. § 617.7(f); and (4) 42 U.S.C. § 1983. On September 18, 2002, defendants moved to dismiss the Complaint pursuant to FED. R. Civ. P. 12(b)(6) and WDS cross-moved for partial summary judgment under Rule 56. By Opinion and Order dated December 4, 2002 (the "December 2002 Order"), this Court granted WDS's motion for partial summary judgment, holding that the Negative Declaration was not properly rescinded as a matter of State law and therefore remained in full force and effect. See Westchester Day Sch. v. Vill. of Mamaroneck, 236 F.Supp.2d 349 (S.D.N.Y.2002) (Conner, J.) ("Westchester I"). This required the ZBA to continue WDS's Application to the special permit hearing stage.
On May 13, 2003, the ZBA denied WDS's special permit modification and, on May 29, 2003, WDS filed an Amended Complaint challenging the ZBA's decision, asserting claims under (1) RLUIPA; (2) 42 U.S.C. § 1983; and (3) the All Writs Act. On June 23, 2003, defendants filed an Answer and Affirmative Defenses. No party demanded a jury trial. WDS moved for partial summary judgment and, by Opinion and Order dated September 5, 2003 (the "September 2003 Order"), this Court granted WDS's motion, holding that defendants violated RLUIPA. See Westchester Day Sch. v. Vill. of Mamaroneck, 280 F.Supp.2d 230 (S.D.N.Y.2003) (Conner, J.) ("Westchester II"). In doing so, this Court annulled and set aside the May 13, 2003 determination of the ZBA, and ordered the immediate and unconditional issuance of WDS's special permit modification. See id. at 243-44. This Court also upheld the constitutionality of RLUIPA. See id. at 233-39.
Defendants appealed the September 2003 Order and, on September 27, 2004, the Second Circuit vacated and remanded the case for further proceedings (the "Second Circuit Opinion"). See Westchester Day Sch. v. Vill. of Mamaroneck, 386 F.3d 183 (2d Cir.2004).
On November 5, 2004, defendants filed a First Amended Answer and Affirmative Defenses and moved for leave to file a jury demand or, in the alternative, for this Court to order a jury trial. By Opinion and Order dated April 1, 2005, this Court denied defendants' motion. See Westchester Day Sch. v. Vill. of Mamaroneck, 363 F.Supp.2d 667 (S.D.N.Y.2005) (Conner, J.) ("Westchester III").
On March 24, 2005, defendants moved to dismiss the Amended Complaint and for summary judgment. By Opinion and Order dated July 27, 2005 ("July 2005 Order"), this Court denied defendants' motion with respect to WDS's claims under RLUIPA and the All Writs Act, but granted the motion with respect to WDS's claim under 42 U.S.C. § 1983. See Westchester Day Sch. v. Vill. of Mamaroneck, 379 F.Supp.2d 550 (S.D.N.Y.2005) (Conner, J.) ("Westchester IV"). In addition, this Court again upheld the constitutionality of RLUIPA. See id. at 554.
Trial of this action commenced on November 14, 2005, and lasted for seven days. WDS presented eleven witnesses (including one expert witness) as part of its case-in-chief: (1) Rabbi Joshua Einzig, Headmaster of WDS; (2) Rachel Goldman, Executive Director of WDS; (3) Caren Hammerman, Chairman of the Board of Trustees of WDS from 2000-04, President from 1997-2000 and parent of four WDS graduates; (4) Vicky Rubenovitch—Fish, Assistant Principal of WDS; (5) Michael Turek, a parent of two current WDS students and a member of the Orthodox Jewish community of New Rochelle, New York; (6) Dr. Marvin Schick, an expert on Jewish education; (7) Russell Davidson, an architect specializing in school design and partner of the firm Kaeyer, Garment & Davidson ("KGD"), architects to WDS; (8) J. Michael Divney, P.E., AICP, a licensed professional engineer, certified planner and partner of the firm Divney, Tung & Schwalbe ("DTS"), site planners and traffic consultants to WDS; (9) James Staudt, Esq., a partner of the law firm McCullough, Goldberg & Staudt, land use counsel to WDS; (10) Frank Fish, a partner of the firm Buckhurst Fish & Jacquemart, Inc. ("BFJ"), planning and traffic consultants to the ZBA; and (11) Dr. Michael Horodniceanu, a traffic consultant retained by opponents of the Project and upon whose opinion, as discussed below, the ZBA relied in denying the Application. In rebuttal, WDS called David Kalman, President and Board member of Westchester Hebrew High School ("WHHS").
Defendants presented four witnesses: (1) Mauro Gabriele, Chairman of the ZBA since December 2002; (2) Peter Jackson, a former ZBA member who returned to the ZBA in December 2002; (3) Georges Jacquemart, a partner of BFJ specializing in traffic planning; and (4) Christopher Tilley, a neighbor of WDS and an opponent of the Project.
Over the course of the trial, the Court admitted into evidence more than 125 exhibits, including all of the transcripts of the ZBA hearings during which the Application was discussed. The Court also admitted into evidence materials relating to WDS and its dual curriculum, such as curriculum guides and class lists.3 In addition, the Court admitted into evidence expert reports from Dr. Schick, Fish and Jacquemart. Also before the Court are designated excerpts from the depositions of ZBA members Mgrditchian, Neuringer and Weprin, none of whom testified at trial, as well as Gabriele and Jackson.
The Findings of Fact and Conclusions of Law set forth below, pursuant to FED. R. Civ. P. 52(a), are based on the extensive record developed over the course of the bench trial during which, as set forth above, plaintiff and defendants had a full and fair opportunity to present their cases to the Court.
1. Since 1948, WDS has operated an Orthodox Jewish day school in the Orienta Point neighborhood of the Village (the "Property"). (SAF ¶ 1; Tr. 169-70; Pl. Ex. 3(4).)4
2. The Property is owned by Westchester Religious Institute ("WRI"), which allows WDS, among other entities (see infra ¶ 4), to use its property. (SAF ¶ 6; Tr. 62, 150.)
3. The Property, located at 856 Orienta Avenue, Mamaroneck, New York 10543, east of Boston Post Road (U.S. Route 1) in the Village, is a 25.75-acre, largely undeveloped parcel bounded by Orienta Avenue, Skibo Lane, Walton Avenue, Bleeker Avenue and the Long Island Sound. (SAF ¶¶ 1, 6; Pl.Ex. 116.)
4. In addition to WDS, WHHS and a synagogue operate on the Property. (SAF ¶ 19; Tr. 62.)
5. WHHS and WDS are separate entities, maintain separate records and have separate Boards of Trustees, each of which oversees the operations of its respective institution. (SAF ¶ 9; Tr. 62, 65.)
6. The synagogue also is a separate entity, though...
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