Litigation suspended over former Pace property in Briarcliff Manor

The Village of Briarcliff Manor, the religious organization Yeshivath Viznitz Dkhal Torath Chaim, which is based the former Pace University campus at 235 Elm Road in Briarcliff Manor and Monsey-based Khal Torath Chiam, which owns the property have agreed to suspend their litigation regarding use of the property. The Yeshivath was seeking village approval to renovate certain existing buildings and use facility as a private religious education institution. The religious school was envisioned as having approximately 250 male students ages 17 to 20 and potentially adding 100 more students over a 10-year period. There also were to be some housing facilities on the campus.

When after about two-years of going through the application process the village had not granted approvals for the plan to proceed, Yeshivath Viznitz Dkhal Torath Chaim and Khal Torath Chaim of Rockland, Inc., filed a lawsuit in federal court that alleged governmental discrimination.

Campus at 235 Elm Road in Briarcliff Manor. Satellite photo via Google Maps.

“The Village has trampled on Plaintiffs’ right to equal protection of the law, as guaranteed by the Fourteenth Amendment of the U.S. Constitution,” the lawsuit alleged. “And the Village has similarly violated Plaintiffs’ rights under the Federal Fair Housing Act. The Village’s ham-fisted methods have not only irreparably harmed Plaintiffs for nearly two years by suppressing their religious liberty, but they have also inflicted on Plaintiffs serious economic damage.”

According to Briarcliff Manor, third-party developers now are pursuing the purchase of the property for residential use. While that happens, village and the plaintiffs have agreed to suspend their litigation. Briarcliff Manor also has agreed to study its current zoning, review potential site plans, and consider the associated impacts and benefits such redevelopment might offer.

“The current Board of Trustees has invested years of work to reimagine key parcels within our Village,” Briarcliff Manor said in a statement. “Re-envisioning the 235 Elm Road property … one of the few remaining large parcels within walkable distance of Law Park and our Central Business District, offers an exciting opportunity to convert the property to a residential use that will more harmoniously sync with neighboring homes and create significant value as we continue to improve the entire Village.”

The village said that it expects that once the property is transferred to a new owner the litigation would be permanently discontinued.

According to Briarcliff Manor’s Mayor Mayor Steven Vescio, “The settlement of this matter prevents the costly expense of federal litigation. The Board of Trustees is pleased with this positive outcome for our community.”