Oros Bais Yaakov Settlement

OCN-L-002981-14 01/11/2023 11:36:00 AM Pg 1 of 18 Trans ID: LCV2023227984
SUPERIOR COURT OF NEW JERSEY

LAW DIVISION: OCEAN COUNTY
OROS BAIS YAAKOV HIGH SCHOOL,
Plaintiff
Civ. No. OCN L 00298 1-14
CONSENT ORDER
THE ZONING BOARD OF ADJUSTMENT
FOR THE TOWNSHIP OF JACKSON, NEW
JERSEY, et al.,
Defendants
THIS MATTER having been brought before the Court on the Amended Complaint of
Plaintiff, Oros Bais Yaakov High School, pursuant to the provisions of the Religious Land Use and
Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. §§ 2000cc, et seq., the United States
Constitution, and the laws of the State of New Jersey; and
WHEREAS, Oros was the contract purchaser of real property identified as Block 21401,
Lots 5 (“NC zoned property”), and 6 (“R-1 zoned property”) (collectively “Subject Property”) as
designated on the tax map of the Township of Jackson, New Jersey; and
WHEREAS, on or about August 16, 2013, Oros submitted an application to the Zoning
Board seeking preliminary and final major site plan and use variance approval (“Application”) in
connection with the proposed construction of a high school on the R-1 zoned property; and
WHEREAS, the Zoning Board voted to deny the Application on June 18, 2014; and
WHEREAS, the Zoning Board issued a written resolution memorializing its decision to
deny the Application and all requested relief on September 3, 2014; and
WHEREAS, on October 15, 2014, the Plaintiff filed a complaint against Defendants in the
Superior Court of New Jersey, Law Division, Ocean County (the “Court”) captioned Oros Bais
Yaakov High School v. The Zoning Board of Adjustment for the Township of Jackson, et al., Civil
Action No. OCN L 002981-14 (the “Action”) which was subsequently amended on June 14, 2017;
and
WHEREAS, in the Action, Plaintiff asserted claims against Defendants for injunctive relief
and monetary damages under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C.
§§ 2000cc, et seq. (“RLUIPA”), the First and Fourteenth Amendments to the U.S. Constitution,
and New Jersey state law arising from the Zoning Board’s denial of the Application and land use
regulation of the Subject Property; and
WHEREAS, Defendants filed an Answer to Plaintiffs Complaint on December 22, 2014
and to Plaintiff’s Amended Complaint on June 23, 2017; and
WHEREAS, all Parties desire to resolve the Action without further litigation, controversy,
and inconvenience related to the subject matter of the Action, and desire to settle, fully and finally,
any and all claims among them; and
WHEREAS, the Parties have submitted a fully executed Settlement Agreement for the
Court’s review; and
WHEREAS, the Court has reviewed the Parties Settlement Agreement and finds it to be
fair and reasonable; and
WHEREAS, venue is proper in this Court;
WHEREAS, the Court has jurisdiction over the parties:

IT IS on this | day of 2022 ORDERED, ADJUDGED AND

DECREED as follows:
1. The terms of the Parties’ Settlement Agreement, dated , 2022 and attached
to this Order, and each of those terms, are hereby incorporated into this Order and are fully
enforceable as an Order of this Court.
2. This Court shall retain jurisdiction in this case for all purposes for the term set forth in the
Settlement Agreement.
3. Upon the expiration of the Court’s retention of jurisdiction, as specified in the Parties’
Settlement Agreement and incorporated into this Order, the Parties shall file a stipulation
of voluntary dismissal of this case.
Hon. Marlene L. Ford
Agreed as to form and substance:
Sieglinde K. Rath, Esq.

Storzer & Associates, P.C.
9433 Common Brook Road
Suite 208
Owings Mills, Maryland 21117
rath@storzerlaw.com
Counsel for Plaintiff

Post Office Box 10

Woodbridge, New Jersey 07095
djennings@wilentz.com
aw Plaintiff
‘Lb. “a a 4
— y “ “x
y, yo
° Brent R. Pohlman, Esq.
Mandelbaum Barret
3 Becker Farm Road
Suite 105
Roseland, New Jersey 07068
bpohlman@mblawfirm.com
Counsel for Defendants

SETTLEMENT AGREEMENT
This Settlement Agreement (the "Settlement Agreement" or "Agreement"), dated as of
January 10, 2023 (the "Effective Date") memorializes an agreement to settle litigation by and
between the Congregation Oros Bais Y aakov of Lakewood Inc aka Oros Bais Yaakov High
School ("Oros" or "Plaintiff') and the Zoning Board of Adjustment of the Township of Jackson,
New Jersey ("Zoning Board"), and the Township of Jackson, New Jersey ("Township")
(collectively, "Defendants"). Plaintiff and Defendants are referred to herein collectively as the
"Parties."
RECITALS
WHEREAS, Oros is the contract purchaser of real property identified as Block 21401, Lots
5, currently zoned Neighborhood Commercial or ''NC"and 6, currently zoned Rural Residential 1
or R-1 (collectively "Subject Property") as designated on the tax map of the Township of Jackson,
New Jersey; and
WHEREAS, on or about August 16, 2013, Oros submitted an application to the Zoning
Board seeking preliminary and final major site plan and use variance approval ("Application") in
connection with the proposed construction of a high school on the R-1 zoned property; and
WHEREAS, the Zoning Board voted to deny the Application on June 18, 2014; and
WHEREAS, the Zoning Board issued a written resolution memorializing its decision to
deny the Application and all requested relief on September 3, 2014; and
WHEREAS, on October 15, 2014, the Plaintiff filed a complaint against Defendants in the
Superior Court of New Jersey, Law Division, Ocean County (the "Court") captioned Oros Bais
Yaakov High School v. The Zoning Board ofAdjustment/or the Township ofJackson, et al., Civil
Action No. OCN L 002981-14 (the "Action") which was subsequently amended on June 14, 2017;
and
Town,ship of Jackson, New Jersey

r
By: M\chael Rei ,�· ' ayor
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Dated: 1/3/23

Oros Bais Yaakov Settlement

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Oros Bais Yaakov Settlement

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OCN-L-002981-14 01/11/2023 11:36:00 AM Pg 1 of 18 Trans ID: LCV2023227984

SUPERIOR COURT OF NEW JERSEY

OROS BAIS YAAKOV HIGH SCHOOL,

Constitution, and the laws of the State of New Jersey; and

regulation of the Subject Property; and

WHEREAS, Defendants filed an Answer to Plaintiffs Complaint on December 22, 2014

and to Plaintiff’s Amended Complaint on June 23, 2017; and

any and all claims among them; and

Court’s review; and

fair and reasonable; and

WHEREAS, venue is proper in this Court;

WHEREAS, the Court has jurisdiction over the parties:

IT IS on this | day of 2022 ORDERED, ADJUDGED AND

enforceable as an Order of this Court.

of voluntary dismissal of this case.

Hon. Marlene L. Ford

Agreed as to form and substance:

Sieglinde K. Rath, Esq.

Counsel for Plaintiff

Post Office Box 10

Counsel for Defendants

5, currently zoned Neighborhood Commercial or ''NC"and 6, currently zoned Rural Residential 1

New Jersey; and

Town,ship of Jackson, New Jersey

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