Jackson Township Ordered by Judge to Submit Status Report on Anti-Orthodox Dormitory Ordinance

JACKSON-Jackson Township, facing a lawsuit by Agudath Israel of America has been given a deadline by the judge handling the case to submit a report regarding the status of a court ordered review of the township council’s anti-dormitory ordinance.

On February 14, 2017, the Township Council introduced two Ordinances,
Ordinance No. 03-17 and Ordinance No. 04-17.   According to the lawsuit, Ordinance No. 03-17 sought to amend sections 244-46, 244-48, 244-50 of Jackson Township’s Code to prohibit “private or parochial schools not operated for profit” from locating in the R-2, R-3, R-5, R-20, R-15 and R-9 Residential zoning district and the MF Multifamily zoning district.

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Prior to the enactment of Ordinance No. 03-17, “private or parochial schools not operated for profit” were permitted in the R-2, R-3, R-5, R-20, R-15, R-9, and MF zoning districts by right.

Schools remain permitted only in the PMURD, LC, NC districts, which constitute a small fraction of the land in Jackson Township and even less of which is available or developable, and also within zoning districts in the “Pinelands” area of the Township, where development is severely constrained, AIoA contended in their court filing.

The ordinance, AIoI said, does not provide a reasonable opportunity for the Orthodox  Jewish community to locate a religious school the Township.

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Today, the judge issued a deadline for the township to reply to the court’s request for a status update.

“Defendant must submit a report regarding status of its ordinance review to the Court by 6/8/2018. The Court will conduct a telephone status conference on June 15, 2018 at 9:30 A.M. Defense counsel to initiate the call.. So Ordered by Magistrate Judge Douglas E. Arpert on 5/30/2018,” the court said.

Documents obtained by Eruv Litigation.