We recently posted about a lawsuit filed by Bergen Rockland Eruv Association, Inc. (“BREA”) against the Township of Mahwah, New Jersey, regarding a dispute over the expansion of an eruv.  Since then, eruv disputes have evoked claims of religious discrimination against two other New Jersey municipalities: by BREA, against the Borough of Montvale, and by Agudath Israel of America Inc. (“Agudath Israel”), against the Township of Jackson.

In Montvale, BREA’s complaint, which alleges violations of the First Amendment’s Free Exercise Clause, 42 U.S.C. § 1983, and RLUIPA’s substantial burden provision, came after the borough’s mayor issued a stop-work order on BREA’s eruv expansion project.  According to the complaint, the expansion of the eruv would violate a borough “litter” ordinance that prohibits posting notices on lamp posts, public-utility poles, shade trees, or public structures or buildings.

The dispute in Jackson allegedly arose under similar circumstances – a newly enacted ordinance removes all exemptions from the town ordinance banning the placement of objects in the public right of way, effectively prohibiting the construction of an eruv.  Agudath Israel, which originally filed suit against Jackson last spring (see our previous post about it here), recently amended its complaint to include this allegation.  Specifically, Agudath Israel’s amended complaint alleges violations of RLUIPA’s non-discrimination, equal terms, and exclusions and limits provisions, as well as the First Amendment’s Free Exercise, Freedom of Association, and Establishment Clauses, the Fourteenth Amendment’s Equal Protection Clause, the Fair Housing Amendments Act, and New Jersey state law.

Original Photography by Waltarrrr, some rights reserved.

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Photo of Diana Neeves Diana Neeves

Diana E. Neeves, a member of Robinson+Cole’s Environmental, Energy + Telecommunications Group, focuses her practice on environmental, energy, telecommunications, and utilities law. She also helps defend municipalities nationwide in cases involving the federal Religious Land Use and Institutionalized Persons Act (RLUIPA).

Ms.

Diana E. Neeves, a member of Robinson+Cole’s Environmental, Energy + Telecommunications Group, focuses her practice on environmental, energy, telecommunications, and utilities law. She also helps defend municipalities nationwide in cases involving the federal Religious Land Use and Institutionalized Persons Act (RLUIPA).

Ms. Neeves handles litigation related to environmental and land use matters. She represents clients in disputes brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and handles litigation involving asbestos contamination and exposure. Ms. Neeves’ litigation experience involves federal and state environmental enforcement actions and lawsuits between private parties.

Ms. Neeves regularly works with clients on the clean-up of contaminated properties, including Superfund sites. She assists clients with federal and state administrative compliance, including environmental remediation. Ms. Neeves helps represent a client who owns property which was contaminated by a previous owner, and she has been working with the state environmental agency to coordinate site clean-up.

Ms. Neeves is part of Robinson+Cole’s Utilities Group, which serves utility and energy clients on  regulatory and environmental matters. She provides a range of transactional and compliance services. She helps clients navigate all local, state and federal permitting requirements, and works to ensure they are in compliance with all regulations. Ms. Neeves has recently been working with clients on energy and conservation matters in hearings before the New York State Public Service Commission.

Ms. Neeves provides guidance to clients seeking local zoning approvals. She counsels them on meeting requirements for land development and securing necessary municipal and state permits to do so.