Superior Court judge upholds dorm decision, fines yeshiva
The Superior Court of New Jersey disagrees with Yeshiva Me’on Hatorah’s characterization of having been “driven out” of Roosevelt by borough officials and residents.
Superior Court Judge Lawrence Lawson, of the Monmouth County Law Division, wrote in a March 8 opinion that such a characterization impugns an untoward motive upon the borough’s conduct in seeking compliance with its zoning ordinances.
“The fact that plaintiff is unhappy that defendants would not permit it to operate as it pleased does not rise to any evil intent on the part of defendants,” Lawson wrote. “In fact, there is still a question of whether plaintiff could have operated as it pleased had it simply sought a variance. This case is just an example of a town enforcing its zoning ordinances.”
The statement concluded Lawson’s latest opinion regarding the yeshiva’s illegal operation of a dormitory in a singlefamily home at 28 Homestead Lane. In the opinion, Lawson reinforced the court’s previous directive to the yeshiva to cease and desist operating the dorm. Lawson also upheld the borough’s right to collect fines totaling $11,200 and borough attorney fees in the amount of $3,900 from the yeshiva. The judge also stipulated that the court cannot evict the yeshiva from the property, but it would rely on fines and threat of imprisonment to force the yeshiva into voluntary compliance if the issues at 28 Homestead Lane continue.
Just prior to the release of the opinion, the yeshiva, which has been located in the borough since 2005, stopped operating in Congregation Anshei Roosevelt’s synagogue on Homestead Lane, as well as housing students at the adjacent parsonage, 2 Homestead Lane and 28 Homestead Lane. Borough Attorney Richard Shaklee said, “As to the question on the operation of the yeshiva, it is our understanding that the yeshiva is not currently operating in Roosevelt, but we do not know the reasons for that decision.”
The attorney reported at the March 14 Borough Council meeting that Yeshiva Me’on Hatorah filed a petition on March 11 to be heard in the New Jersey Supreme Court.
The yeshiva had illegally been using 28 Homestead Lane as its dining hall and main dormitory, with between 30 and 50 students living there when school was in session, according to court records. The Superior Court recognized on Sept. 2, 2010, that the yeshiva was violating borough zoning ordinances by using the home as a dorm. When the yeshiva admitted noncompliance, the court ordered that no more than five persons of at least 18 years of age could reside in the home as of Nov. 12, 2010. The court also told the yeshiva that the home could not be used as a cafeteria, student center, food storage facility or vending machine area. The court asked the borough to provide inspection reports and reserved judgment on the issue of fines and counsel fees until Dec. 3, 2010.
The Dec. 3 hearing had a lack of concrete information regarding the residents of 28 Homestead Lane, according to Lawson. At that time, Lawson placed the yeshiva on notice that he would make an unannounced inspection of the home.
Lawson inspected 28 Homestead Lane on was violating borough zoning ordinances by using the home as a dorm. When the yeshiva admitted noncompliance, the court ordered that no more than five persons of at least 18 years of age could reside in the home as of Nov. 12, 2010. The court also told the yeshiva that the home could not be used as a cafeteria, student center, food storage facility or vending machine area. The court asked the borough to provide inspection reports and reserved judgment on the issue of fines and counsel fees until Dec. 3, 2010.
The Dec. 3 hearing had a lack of concrete information regarding the residents of 28 Homestead Lane, according to Lawson. At that time, Lawson placed the yeshiva on notice that he would make an unannounced inspection of the home.
Lawson inspected 28 Homestead Lane on Jan. 6 and found five 17-year-old males there but evidence of more than five residents. He saw multiple cots in the garage, dozens of boxes of food, an industrial freezer and two pay phones in the basement, two industrial freezers filled with food in the garage and industrial cooking equipment. Based on this evidence, Lawson declared on Feb. 1 that the yeshivawas in violation of the court’s Nov. 12, 2010, order to cease and desist dorm operation. The court fined the yeshiva $200 for every day that itwas noncompliant for a total of $11,200 and ordered the yeshiva to pay the borough’s attorney fees totaling $3,900.
The yeshiva filed a motion for reconsideration, asserting that the court lacked jurisdiction to impose fines pursuant to the borough’s zoning ordinances and to impose fines exceeding $1,250. Lawson said that the yeshiva was found in violation of the court order, not of municipal ordinances, and that the resulting fines were for violating that court order. The judge also cited case law permitting those fines to be paid to the borough. The judge also determined that there was no fine limit because the sanction was not for violating a municipal ordinance.
Lawson’s opinion also stated that the court would not reduce the fines.
“Plaintiff asserted that the yeshiva is a nonprofit organization with limited resources,” Lawson wrote. “Moreover, plaintiff contended that it was ‘driven out’ of town by the defendants and residents, [and] since they no longer operate in the borough of Roosevelt, the court should exercise its discretion and mercifully reduce the sanctions.”
Lawson decided that the court “was extremely generous in the opportunities provided to plaintiff to become compliant with the court’s numerous orders.”
According to a Feb. 2 article on Matzav.com, Yeshiva Me’on Hatorah has relocated toMonsey, N.Y.
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