Keane & Beane obtained a decision in federal court awarding injunctive relief and undetermined damages (likely to be more than $4 million) to a local church that has been prevented by the Town of Greenburgh from building a house of worship and religious school on 6.5 acres of church-owned property. The 206-page decision in Fortress Bible Church v. Feiner, et al., 734 F.Supp. 2d 403 (S.D.N.Y. 2010), came after a protracted legal battle that began in 2003. Following a 29-day bench trial, the court ordered the Town to permit construction of church and school facilities, awarded Fortress Bible Church compensatory damages and attorney’s fees, and imposed $10,000 in sanctions against the Town.
As reflected in the Opinion, Keane & Beane successfully presented “overwhelming evidence of [the Town’s] intentional delay, hostility and bias towards the Church’s application…” [Pg. 169]. The Court concluded that the Town’s actions violated RLUIPA and the Church’s rights under the United States Constitution, the New York State Constitution and New York State Law. District Judge Stephen Robinson also cited ”a record replete with evidence regarding the Defendants’ intentional destruction of evidence and disregard for discovery obligations.” [p.204]
The Court has ordered that the Town to issue a building permit to the Church within 90 days. The Court also has directed the church to supplement its application for monetary damages, including increased construction costs as a result of delay, reimbursement of excessive environmental review fees charged by the Town, and attorneys’ fees and costs. During trial, the church already claimed over $4 million in damages from the Town, and the additional evidence that the church intends to submit to the Court will only increase this amount.
