In the mid-1980s, some residents of Airmont, then an unincorporated area within the Town of Ramapo, New York (the “Town”), objected to Town zoning provisions accommodating the Town's then-increasing population of Orthodox and Hasidic Jews.
Airmount village court trial#
The evidence at trial included the following. Familiarity with LeBlanc-Sternberg I and LeBlanc-Sternberg III is assumed.Ī. The Events Leading to the Present Action The factual background of the litigation and the liability rulings is set forth in detail in LeBlanc-Sternberg I, and in the opinion we issue today in a companion appeal, LeBlanc-Sternberg v. Dec.6, 1996) (unpublished disposition) (“LeBlanc-Sternberg II ”), cert. This matter, an action by plaintiffs Yitzchok LeBlanc-Sternberg, the rabbi of plaintiff Park Avenue Synagogue, Inc., et al., returns to us following appeals in which we, inter alia, reinstated a jury verdict in favor of plaintiffs against the Village for discrimination, and conspiracy to discriminate, against plaintiffs on the basis of their Orthodox Jewish religion, see LeBlanc-Sternberg I, 67 F.3d 412, reversed the district court's entry of judgment in favor of the Village in a parallel action brought by the United States, see id., and upheld, following proceedings on remand, the district court's granting of injunctive relief prohibiting the Village from engaging in further discrimination on the basis of religion and directing that certain amendments be made to the Village's zoning code, see LeBlanc-Sternberg v. Finding no merit in his contentions, we affirm. Vertullo contends principally that the denial of fees was an abuse of discretion because the litigation against him was unreasonable and groundless. 2546, 135 L.Ed.2d 1067 (1996), which reversed the district court's ruling that there was no possible basis for the jury's verdict against the Village. The district court, although stating its view that the action against Vertullo was unreasonable and groundless, denied the motion on the ground that that view was untenable in light of this Court's decision in LeBlanc-Sternberg v. § 1988(b) for an award of attorneys' fees against plaintiffs. Goettel, Judge, as denied his motion under 42 U.S.C. Gurahian, McCullough, Goldberger & Staudt, White Plains, New York, on the brief), for Defendant-Appellant.ĭefendant Nicholas Vertullo, a former trustee of the Village of Airmont, New York (“Airmont” or the “Village”), whom a jury found not liable in connection with the Village's violations of plaintiffs' civil rights, appeals from so much of an order of the United States District Court for the Southern District of New York, Gerard L. Grainger, III, White Plains, New York (Charles A.
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Parshall, Fredricksburg, Virginia, Anne-Marie Arriel, The Rutherford Institute, Charlottesville, Virginia, on the brief), for Plaintiffs-Appellees. Dunning, Coudert Brothers, New York City, Craig L. Koolyk, New York City, (Arnold & Porter, New York City, Kevin W. Decided: May 13, 1998īefore KEARSE and CABRANES, Circuit Judges, and CHIN, District Judge *. Nicholas Vertullo, Individually and in his capacity as Trustee of the Village of Airmont, Defendant-Appellant. Layne, Individually and in their capacity as Trustees of the Village of Airmont, Maureen Kendrick, Individually and in her capacity as Mayor of the Village of Civic Association, The Village of Airmont, The Town of Ramapo, and Herbert Reisman, Individually and in his capacity as Ramapo Town Supervisor, Defendants. Robert FLETCHER, Marianne Cucolo, and John C.
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Rabbi Yitzchok LeBLANC-STERNBERG, Chanie LeBlanc-Sternberg, Fred Walfish, Lewis Kamman, Park Avenue Synagogue, Inc., Plaintiffs-Appellees, v.
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United States Court of Appeals,Second Circuit.