Toms River shul's day in court notches a zoning wars victory
The court victory clears the way for Bais Brucha’s plans to build a 4,680-square foot shul in the North Dover section of Toms River that will accommodate its growing membership.
“Our clients are deeply grateful that the court has affirmed the fundamental principle that places of worship must not face unjust and discriminatory exclusion from any municipality,” said Bais Brucha attorney Roman P. Storzer. “We remain committed to defending our clients’ rights to live, learn and worship as freely as any other citizen.”
The shul, led by Rav Mordechai Sekula, initially applied for a zoning permit on the property more than three years ago. The Toms River township denied the application in January 2021, based on zoning laws then in effect that forbade construction of houses of worship in the area where the Bais Brucha property is located.
Bais Brucha’s lawsuit pointed out that other nonreligious uses were permitted in similar zones. That constituted a violation of federal law, which prohibits towns from enforcing land use regulations that impose a “substantial burden” on religious exercise, absent a “compelling justification” that the restriction furthers a government interest.
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