CUPON dissolves per court settlement with Ateres over failed church purchase

NANUET - The coordinating faction of a grassroots group that advocated against overdevelopment and became a thorn to governments and builders is going out of business as part of a legal settlement with an Orthodox Jewish school.

Citizens United to Protect our Neighborhoods — known as CUPON Rockland — and its Nanuet unit agreed to dissolve as part of a federal court settlement with Ateres Bais Yaakov Academy of Rockland, both sides said on Friday. The other CUPON affiliates in villages and towns remain.

The legal battle started in 2018 after Ateres, an Orthodox Jewish girls school, agreed to purchase the Grace Baptist Church property in Nanuet for its new campus. In response, CUPON and CUPON of Greater Nanuet purportedly worked with Clarkstown officials to block the sale.

Clarkstown denied permits for Ateres to open a school. Ateres sued Clarkstown and CUPON.

In April, Clarkstown settled with Ateres for $200,000.

CUPON's founder Micheal Miller acknowledged Friday that the group and its Nanuet affiliate agreed to dissolve and cease operations as part of a settlement with Ateres in the U.S. District Court for the Southern District in White Plains.

"No parties have admitted to any wrongdoing or liability as part of the settlement," Miller said. "We agreed to settle rather than go through a protracted court battle, which we know we could win, but could not afford the necessary legal fees."

He said the settlement doesn't affect other lawsuits CUPONs have initiated based on zoning and environmental issues. He denied that CUPON interfered with Ateres's ability to secure Grace Church.

Miller said the settlement will affect our ability to meet under a common banner and Nanuet residents can join other CUPON units, such as ones in Clarkstown, Orangetown, or Chestnut Ridge. He said he and others will still advise community members on development issues.

"They won a minor battle but galvanized the residents to oppose illegal zoning changes and irresponsible development projects to go unopposed," Miller said.

Ateres calls settlements victory for religious freedom

Ateres' attorneys called the settlement and dissolving of CUPON and its Nanuet unit "another major victory for religious freedom."

More: Clarkstown, Ateres settle congregation's lawsuit over former church property in Nanuet

“This important success closes the book on CUPON’s and COGN’s activities,” attorney Yehudah Buchweitz, a partner with Weil, Gotshal & Manges, said in a statement. "This case is unfortunately one of many instances where local residents work with a municipality to try to keep religious minorities from moving in or practicing their religion freely.

"This is America and people should be permitted to live, worship and go to school wherever they choose, regardless of their religious affiliation," said Buchweitz, who led the pro-bono litigation on Ateres' behalf.

Buchweitz said the settlements with Clarkstown and CUPON "sends a clear message to everyone across New York and beyond that we will continue to root out and fight against discrimination."

Ateres had filed a $10 million federal civil rights lawsuit against CUPON, Clarkstown officials and CUPON of Greater Nanuet. The school claimed the town and CUPON undermined its efforts to buy the church property on Demarest Avenue.

Supervisor: Insurance provider chose to settle 'nuisance' suit

Clarkstown bought the church property itself for $4.5 million in January 2020 after Ateres couldn't complete the purchase for $5.5 million. The town plans to develop the property, possibly with senior citizen housing and parking for the Nanuet School District, Clarkstown Supervisor George Hoehmann has said.

Hoehmann has said Clarkstown's insurance provider decided to settle what he called a nuisance lawsuit by Ateres. He said, "lawsuits against governments are unfortunately common, the cost of doing business."

Such decisions are usually based on an insurance company's determination of the chances of winning the case and the costs. Clarkstown's insurance provider also has settled other discrimination cases against the town, including a case involving Black Lives Matter and the alleged profiling an African-American community group.

U.S. District Court Judge Nelson Roman originally dismissed Ateres' lawsuit in 2022. Roman ruled the legal action was premature and town officials didn’t conspire with CUPON to block the congregation from buying the three-plus acre property.

The Second Circuit Court of Appeals sent the case back to Roman, finding that Ateres had standing for its lawsuit and the issues should be heard.

CUPON's impact

CUPON Rockland had been active for years challenging development approvals by local governments, claiming violations of environmental, planning, and zoning laws or that residents would be negatively impacted. The group has been accused of targeting Orthodox Jewish and Hasidic developments, which Miller and other CUPON advocates deny.

More: CUPON, born amid Ramapo over-development, goes countywide

CUPON started challenging land-use decisions in Hillcrest and Ramapo and branched out across Rockland as well as in New Jersey and other counties.

The Ateres settlement doesn't affect CUPON's other legal actions, Miller said. CUPON has asked a state court to vacate approvals for the 224-unit Pascack Ridge housing development. CUPON also challenged Ramapo's approval of adding multiple housing off Union Road and took part in contesting Chestnut Ridge's house of worship law, before a federal judge ruled the group lacked standing.

Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com Twitter: @lohudlegal

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This article originally appeared on Rockland/Westchester Journal News: CUPON group in Rockland dissolves per settlement with Orthodox school