Yeshiva Challenges South Nyack's Right To Sue It

SOUTH NYACK, NY — The Hasidic yeshiva that bought Nyack College says the village of South Nyack targets the congregation unfairly and prematurely, according to court documents filed Friday, The Journal News reported.

One of the arguments for dismissing the suit made by the congregation's attorney, Joseph Churgin, is that village officials are targeting the congregation's religion because they didn't complain about safety and code violations when the Christian college was operating there, the paper reported. The two sides also disagree about whether Nyack College's special permit to conduct educational activities in a residential zone had expired or whether the permit was valid for Yeshiva Viznitz to begin operations.

The yeshiva's lawyers also said New York State Education Department regulations were outside the village's purview and shouldn't have been raised in their suit. The Education Department sent a letter to the yeshiva telling them to get a fire safety report done by April 2, TJN reported.

Read the entire article on lohud.com.

South Nyack officials filed suit at the beginning of March, saying the buyers agreed to abide by all the regulations and then reneged after a judge ruled the sale could go forward in late 2020.

Yeshiva Viztnitz Dkhal Torath Chaim, Inc. bought the 107-acre property in South Nyack, plus the Alliance Seminary property in Upper Nyack plus land in Orangetown, for $45.5 million. The organization's initial plans include operating a high school for up to 250 boys and a college for another 250 students.

The village filed suit alleging that Yeshiva Viznitz had begun using the buildings (many of which are in disrepair) without certificates of occupancy (or the inspections necessary to get them); and making extensive changes without permits, such as converting one two-family residence into office space and a café. SEE: Village Says Yeshiva Operating Illegally At Nyack College

Village officials have "no objection to the intended stated use of the property," the suit said, but have gone to court because of the congregation's continued refusal to provide information concerning the use of the buildings and the open safety violations on many of the structures.

The yeshiva's purchase of the property and the possibility of land-use fights such as this was the impetus for a decision by South Nyack residents in December to dissolve the village and let the Orangetown town government manage all local affairs.