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· 6/25/2009

Bikur Cholim, Inc. v. Village of Suffern

Citations

  • 664 F. Supp. 2d 267
  • 2009 U.S. Dist. LEXIS 54187
  • 2009 WL 1810136

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that RLUIPA claimant need not avail itself of additional procedures if they would be “futile” and that court need only locate “a final, definitive position from a local authority” for ripeness
  • noting that whether zoning regulations were neutral was fact question not properly resolved at motion to dismiss stage
  • noting that it would have been futile for plaintiffs to appeal the denial of their variance application, where the property plainly did not meet the criteria required for a variance
  • stating that whether an action is a substantial burden is a question of fact
  • dismissing equal protection class-of-one claim because “plaintiffs have made no allegations of similarly situated property owners . . . [and w]ithout any comparators[,] . . . plaintiffs’ claim under the Equal Protection Clause cannot stand”
  • dismissing equal protection class-of-one claim because “plaintiffs have made no allegations of similarly situated property owners . . . [and w]ithout any comparators . . . plaintiffs’ claim under the Equal Protection Clause cannot stand”

Source: CourtListener parenthetical corpus (CC0).

Judges: Warren W. Eginton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.