Citations
- 138 F. Supp. 3d 352
Full opinion text
OPINION & ORDER
KENNETH M. KARAS, District Judge:
Plaintiffs bring challenges to certain zoning and environmental ordinances enacted by Defendant Village of Pomona (the “Village”), alleging they are unlawful under the First and Fourteenth Amendments of the United States Constitution, the Religious Land Use and Institutionalized Persons Aet of 2000 (“RLUIPA”), 42 U.S.C. § 2000cc et seq„ the Fair Housing Act (“FHA”), 42 U.S.C. § 3601 et seq„ New York Civil Rights Law § 40-c(l) and (2), §§ 3, 8, 9 and 11 of the New York State Constitution, and New York common law. Specifically, Plaintiffs challenge the enactment and enforcement of portions of the Village of Pomona, New York Code (“Village Code”) §§ 130-4 (defining educational institutions and dormitories) (“Accreditation Law”), 130-10(F)(12) (limiting the size of dormitories) (together with the definition of “dormitory” in § 130-4, the “Dormitory Law”), and 126 (establishing wetlands protections) (“Wetlands Law”) (together, the “Challenged Laws”). Plaintiffs move for Summary Judgment on several of their claims and Defendants’ affirmative defenses, and for sanctions due to the spoliation of evidence. Defendants cross-move for Summary Judgment on all of Plaintiffs’ claims, and for certain evidence to be stricken from the record. For the reasons discussed below, the Court grants summary judgment to Defendants on Plaintiffs’ Free Speech and New York Common law claims, grants summary judgment to Plaintiffs on Defendants’ affirmative defenses, denies summary judgment to all Parties as to all other claims, grants Plaintiffs’ Motion for Sanctions as discussed below, and grants Defendants’ Motion to Strike in part.
I. Background
The Court assumes familiarity with the basic allegations of Plaintiffs’ Second Amended Complaint, (Second Am. Compl. (“SAC”) (Dkt. No. 27)), as discussed in the Court’s January 7, 2013 Opinion and Order, (Dkt. No. 53.) See Congregation Rabbinical Coll. of Tartikov, Inc. v. Vill. of Pomona, 915 F.Supp.2d 574, 607 (S.D.N.Y. 2013) (“2013 Opinion and Order”). In short, Plaintiffs bring this Action alleging that the Challenged Laws prohibit the owning, holding, building, and operation of a rabbinical college within the Village (the “Village”). (SAC ¶ 1.) While Plaintiffs specifically claim that the Challenged Laws prohibit Plaintiff Congregation Rabbinical College of Tartikov (the “Congregation”) from building its planned rabbinical college on a 100-acre tract (the “Subject Property”) located in the Village and owned by the Congregation, the Court dismissed Plaintiffs’ as-applied challenges, as well as their New York' Civil Rights Law § 40-c claim, in its 2013 Opinion and Order. Congregation Tartikov, 915 F.Supp.2d at 607. It is for this reason that Plaintiffs ■ now proceed based solely on facial challenges to the Challenged Laws. The Court briefly reviews the salient factual background below.
A Factual Background
1. The Parties
Plaintiffs are a corporation and individuals affiliated with the Orthodox Jewish community, including various sects of the Hasidic community, all of whom allege an interest in the construction of a rabbinical college on the Subject Property., (Pis.’ Rule 56.1 Statement of Material Facts in Supp. of Pis.’ Mot. for Summ. J. (“Pis.’ 56.1”) ¶¶ 1, 88, 90, 92, 94-95, 97, 525 (Dkt. No. 139).) The Congregation, officially “the Rabbinical College of Tartikov, Inc.,” the owner of the Subject Property, is a religious corporation that was formed on August 1, 2004. (Id. ¶¶ 1, 69-70, 101; Defs.’ Response Pursuant to Local Rule 56.1(b) to Pis.’ Statement of Material Facts (“Defs.’ Counter 56.1”) ¶121 (Dkt. No. 175) (citing Aff. of Amanda E. Gordon (“Gordon Aff.”) Ex. 18 (Certificate of Incorporation) (Dkt. No. 150); see also Defs.’ Local Rule 56.1(a) Statement in Supp. of their Mot. for Summ. J. (“Defs.’ 56.1”) ¶ 5 (Dkt. No. 142).) At the time of incorporation, the Congregation’s trustees included Chaim Babad (“C. Babad”), who indirectly financed the Congregation at least in part, Abraham Halberstam, Naftali Ba-bad, Samuel Chimmel, Michael Tauber (“Tauber”), and Asher Mandel. (Defs.’ 56.1 ¶¶ 6, 10); Pis.’ Opp’n to Defs.’ Local Rule 56.1 Statement of Facts (“Pis.’ Counter 56.1”) ¶ 6 (Dkt. No. 176) (citing Gordon Aff. Ex. 18).) Plaintiffs Rabbi Mordechai Babad (“M. Babad”), Rabbi Wolf Brief (‘W. Brief’), Rabbi Hermen Kahana (“H. Kahana”), Rabbi Meir Margulis (“M. Mar-gulis”), Rabbi AMva Pollack (“A. Pollack”), Rabbi Meilech Menczer (“M. Menczer”), Rabbi Jacob Hershkowitz (“J. Hershkow-itz”), Rabbi Chaim Rosenberg (“C. Rosen-benberg”), and Rabbi David A. Menczer (“D. Menczer”) (collectively, the “Individual Plaintiffs”) are rabbis who seek to live, teach, and/or study at the Congregation’s proposed rabbinical college. (Defs.’ 56.1 ¶ 14; see also Pis.’ 56.1 ¶¶ 88, 90, 92, 94-95, 97.) Defendants consist of the Village, its Board of Trustees, its current Mayor Brett Yagel (“Mayor Yagel”), its former mayor and Trustee Nicholas Sanderson (“Former Mayor Sanderson”), and other members of its Board of Trustees-Ian Banks (“Banks”),- Alma Sanders Roman (“Roman”), and Rita Louie (“Louie”)—each sued in his or her official capacity. (Defs.’ 56.1 ¶¶ 1, 3-4.)
2. Rabbinical Colleges
According to Orthodox Jewish belief, Orthodox Jews are not permitted to resolve conflicts in the secular court system, but rather must have their conflicts.adjudicated in rabbinical courts, before rabbinical judges applying Jewish law. (Pis.’ 56.1 ¶¶49, 52.) For this reason, Orthodox Jews require rabbinical courts sufficiently proximate to their homes. (See id. ¶ 51.) However, there are very few rabbinical judges, and very few rabbinical courts, in the United States today, and those courts are overburdened. (See id. ¶¶ 50-51, 59-61.) ■
In response to.th|s growing need, the Congregation’s proposed rabbinical college would enroll students, at no charge, who have completed a “high school level program in the Talmud” and who are deemed qualified by M. Babad, some of whom have already received offers of admission. (Id. ¶¶ 550, 552-53, 555, 558; Defs.’ Counter 56.1 ¶ 555 (citing Decl. of Paul Savad in Supp. of Pis.’ Mot. for Summ. J. (“Savad Decl.”) Ex. 29 (M. Babad Tr.) 133 (Dkt. No. 155)); (Defs.’ 56.1 ¶ 51). The rabbinical college would therefore have no entrance examination, written examination, or written criteria for admission. (Pis.’ 56.1 ¶ 551; Defs.’ 56.1 W37, 39-40.) For 13 to 15 years, between 6:00 a.m. and 10:30 p.m. on Sunday through Thursday and in study sessions on Friday and Saturday, the students would study the four books, or “divisions,” of the Shulchan Aruch, a compellation of Jewish laws of the Orthodox -Hasidic tradition. (See Pis.’ 56.1 ¶¶ 36-37, 65-66, 68, 528, 531, 537.) Of central importance here, Plaintiffs “believe that Jewish men are religiously obligated to marry at a young age and have large families,” (id. ¶ 38), that “Judaism ... directs [them] to dwell among a community that is directed to the Torah,” (id. ¶ 44), arid that “Jewish males [must] ... learn the Torah day and night,” (id. ¶ 46). Accordingly, . Plaintiffs believe that students of the proposed rabbinical college must live, study, and pray in the same place, full-time, in a “Torah Community” separated from the outside world, which in- turn requires that their education be free and that multi-family housing be available such that students can live with their families. (Id. ¶¶ 71-74); 450 (citing, inter alia, Decl. of Meilech Menczer ¶ 55 (Dkt. No. 147), 499 (citing, inter alia, Savad Decl. Ex. 27 (M. Tauber Tr.) 84), 539-540, 559, 562.) The proposed rabbinical college would therefore include “somewhere between 50 and 250 units of housing, which will be apartments that have 3 or 4 bedrooms, ranging in size from 1800-2000 square feet.” (Defs.’ 56.1 ¶ 44.) The rábbinical college would also include at least four rabbinical courtrooms, ritual baths (“mik-vahs”), synagogues, and multiple libraries. (Pis.’ 56.1 ¶¶ 513, 518.)
While there are three other schools that currently train rabbinical judges in the area, namely Kollel Beíz and Mechón L’Horoya near Monsey, N.Y. and Kollel Beth Yechiel Mechil of Tartikov in Brooklyn, NY, the Congregation’s proposed rabbinical college is the only one that offers an immersive Torah Community, which enables the college to train full-time rabbinical judges. (See id. ¶¶ 565, (citing, inter alia, Savad Ex. 34 (Steven Resnicoff Dep. Tr.) 19-22), 568-71; Defs.’ Counter 56.1 ¶ 570-71.) Plaintiffs also contend that Kollel Belz and Mechón L’Horoya “only teach certain sections of the Shulchan Aruch,” that Kollel Beth Yechiel Mechil of Tartikov “does not have the same program” as the proposed rabbinical college, and that none of the three schools has on-campus housing essential to “the Torah Community environment that Plaintiffs believe” is necessary for the course of study to be offered and “essential to [the] exercise their religious belieffs].” (See Pis.’ 56.1 ¶¶ 563, 568-571; Pis.’ Counter 56.1 ¶¶ 55, 58.)
As of the date of this Opinion and Order, the Congregation has not yet provided a formal plan for, or submitted an application to the Village seeking to construct, their proposed rabbinical college; only a “preliminary concept plan” exists. (Defs.’ 56.1 ¶¶ 19, 22; Pis.’ Counter 56.1 ¶22.) Additionally, the proposed curriculum at this point consists only of a document prepared at Tauber’s request (he thought that his “ ‘counsel wanted to see [the curriculum] in writing,’ ”) by M. Menczer, which only includes class names and “reflects the religious source of the studies,” namely the four “divisions” of the Shulchari Aruch. (Defs.’ 56.1 ¶¶ 26-28; Gordon Aff. Ex. 10 (M. Tauber Dep. Tr.) 22-23 (explaining that M. Tauber asked M. Menczer to prepare the curriculum, and that there is no other document describing “what a specialized kollel” is); Gordon Aff. Ex. 21 (proposed curriculum).) Additionally, the Congregation has not hired any teachers, the would-be dean has done “[n]othing” thus far, and the Congregation does not yet know how many students will attend the rabbinical college. (Defs.’ 56.1 ¶¶ 34-35 (citing Gordon Aff." Ex. 2 (M. Babad Depo.) 83), 66.)
3. Chronology of the Challenged Laws
The Village, incorporated in 1967, adopted a master plan in 1974 which it updated in 1997 “to maintain the low density residential character of the Village” in response to rapid growth. (Defs.’ 56.1 ¶¶ 1, 73-76 (internal quotation marks omitted) (quoting Aff. of Doris Ulman (“Ulman Aff.”) Ex. 17 (1997 Master Plan Update) 17 (Dkt. No. 145)).) Around the same time, in May 1996, the Village Attorney, thén Ruben Ortenberg, advised residents to contact the Town of Ramapo to object to the expansion of an Orthodox Hasidic school, whose development the Village had challenged in court and had been “involved [with] for two years” at the time. (See Pis.’ 56.1 ¶ 376; Savad Decl. Ex. 187 (May 20, 1996 Board of Trustees meeting minutes), at 7-8.)
At a December 1999 Village Planning Board meeting, Yeshiva Spring Valley, in an “informal appearance,” laid out plans to build a Yeshiva on the Subject Property. (Id. ¶ 121; Defs.’ Counter 56.1 ¶ 121.) That same month, the Village’s planning consultant, Mark A. Haley (“Haley”), reviewed the zoning provisions of the Village Code “in conjunction with” Yeshiva Spring Valley’s appearance. (Defs.’ 56.1 ¶92.) Subsequently, in January 2000, he circulated a memorandum entitled “Proposed Primary School and Pre-School ([Yeshiva Spring Valley] Pomona) and the Village Zoning Regulations regarding schools,” noting the existence of'only “scant” regulations on schools and recommending that the Village amend the pertinent laws. (Pis.’ 56.1 ¶ 123; Defs.’ 56.1 ¶94; Pis.’ Counter 56.1 ¶ 94 (citing Ulman Aff. Ex. 28 (memorandum)).) Haley and the. Village Attorney subsequently drafted Local Law 1 of 2001 and “included many of the recommendations from the January[] 2000 memos by the Village Planner.” (Pis.’ 56.1 ¶ 124.)
On January 22, 2001, following a public hearing, the Board of Trustees adopted Local Law 1 of 2001. (Defs.’ 56.1 ¶¶ 96, 98.) Local Law 1, in relevant part, defined educational institution, for the first time, as “[a]ny school or other organization or institution conducting a regularly scheduled comprehensive curriculum of academic and/or alternative vocational instruction similar to that furnished by kindergartens, primary[,] or second schools and operating under the Education Law of New York State, arid duly licensed by the State of New York,” and subjected such institutions to certain restrictions under the special permit approval process, including minimum net lot area, maximum development intensity, frontage, access, set back, parking, and noise guidelines. Local Law 1 of 2001, as codified at Village Code §§. 130-4, 130-10. (See also Defs.’ 56.11F1F 88-90; Ulman Aff. Exs. 1 (Local Law 1 of 2001),. 7 (Village Code § 130-4), 10 (Village Code § 130-10).)
In March of the same year, then-Mayor Herbert Marshall (“Mayor Marshall”) emphasized in a letter that nothing could be done to prevent the construction of a group home facility in the Village and that it “must be treated no different[ly] than any other residences or planned residences within the community” because residents “simply do not have the right to choose who [their] neighbors will be.” (Savad Decl. Ex. 184 (Open Letter from Mayor Marshall March 5, 2001).) Additionally, in May 2002, all but one Village Trustee expressed no objection to the concept of Barr Laboratories’ constructing an office building with parking in the Village. (Savad Decl. Ex. 176 (May 21, 2002 Board of Trustees meeting minutes) 3.)
Starting in 2003, Village. Attorney Doris Ulman (“Ulman”), who was appointed in July of that year, “began to review the Village laws” and recommended that further amendments be made due to “deficiencies . or inaccuracies in the laws.” (Defs.-’ 56.1 ¶ 106-07.) That same year, at a February 17, 2003 Board of Trustees Meeting, the Board of Trustees determined not to weigh in on a neighboring municipality’s open space proposal because it “could not tell another municipality how to spend [its] money or what to do with [its] property.” (Savad Decl. Ex. 188 (Feb. 17, 2003 Board of Trustees meeting minutes) 4.)
Subsequently, on August 17, 2004, the same year in which the Village denied Yeshiva Spring Valley tax exempt status for the first time, (Pis.’ 56.1 VF 324), the Congregation purchased the Subject Property from Yeshiva Spring Valley, (Defs.’ 56.1 ¶ 17.) The Subject Property is a 100-acre parcel located in the Village at the intersection of Route 202 and Route 306, and zoned, like the rest of the Village, as an R-40 district (40,000 .square feet per lot for the development of single-family homes), (id. ¶¶ 4, 99.) It is the only property that the Congregation owns, (Pis.’ 56.1 11106 (citing Savad-Ex. Ex. 31 (C. Babad Dep. Tr.) 76-78)), and appears to be the only available parcel suitable for Plaintiffs’ proposed rabbinical college under Village law, (id, ¶ 616 (citing Decl. of Barbara B. Beall (“Beall Decl.”) ¶16 (Dkt. No. 153)).) In June of that same year, the Village filed suit to challenge the Town of Ramapo’s Adult Student Housing Law (“ASHL”). (Pis.’ 56.1 ¶¶ 138, 360.)
On September 7, 2004, Ulman presented the Board of Trustees with her recommendations for amendments to the zoning law pertaining to educational institutions, which addressed removing the half-acre-per-student lot area requirement, adding a provision allowing dormitories, clarifying the definition of educational institution, and removing the requirement that educational institutions be on a state or county road. (Defs.’ 56,1 ¶¶ 110, 112; Pis.’ Counter 56.1 ¶ 113.) Subsequently, on September 27, 2004, following a public hearing, the Board of Trustees adopted Local Law 5 of 2004, (Defs.’ 56.1 ¶¶ 114, 116), which, in relevant part, redefined- “educational institution” as “[a]ny private or religious elementary, junior high or high school,- college, graduate!,] or post-graduate school conducting a full-time - curriculum of instruction .., accredited by the New York State Education Department or similar recognized accrediting agency,” and amended the minimum lot area, frontage, access, setback, and screening guidelines, Local Law 5 of 2004, as codified at Village Code § 130-4. (See also Defs’ 56.1 ¶¶ 105, 122; Ulman Aff, Exs. 2 (Local Law 5 of 2004), 7 (Village Code § 130-4).)
Local Law 5 also addressed dormitories, providing that “[a] dormitory is permitted as an accessory use to an educational use and that there shall be not more than one dormitory building on a lot,” Local Law 5 of 2004, as codified at Village Code § 130-10(F)(12). (See also Defs.’ 56tl ¶ 117; Ul: man Aff. Exs. 2, 10). It further defined a dormitory as “a building ... [which contains] -sleeping quarters for administrative staff, faculty!,] or students,” and provided that “[d]ormitory rooms shall not contain separate cooking, dining!,] or housekeeping facilities except that one dwelling unit with completed housekeeping facilities may be provided for a use of a Superintendent or supervisory staff for every fifty dormitory rooms.” Local Law 5 of 2004, as codified • at Village Code § 130-4. (See also Ulman Aff. Exs. 2, 10.) Local Law 5 also explicitly provided that “[s]ingle-family, two-family, and/or multi-family dwelling units other than as described above shall not be considered to be dormitories or part of dormitories.” Local Law 5 of 2004, as codified at Village Code § 130-4. (See also Defs.’ 56.1 ¶ 118;-,Ulman Aff. Exs. 2, 10,).- . ...
The Village learned that the Congregation had purchased the -subject property, and, in general, that it would be used as a rabbinical college, in November 2004. (Pis.’ 56.1 ¶¶ 148-49; Defs.’ 56.1 ¶17,) The Village subsequently, in late 2005 or 2006, learned of the Congregation’s actual development plans for the Subject Property. (See Pis.’ 56.1 ¶¶ 152-53.) Nonetheless, the Village approved the Congregation’s tax exemption applications in both years. (Id. ¶ 322.)
On December. 11, 2006, Ulman, after reviewing the wetlands laws of Chestnut Ridge, New Hempstead, and South Nyack, and the New York State Environmental Conservation Law, distributed a memo to Mayor Marshall discussing a proposed Wetlands law. (Id. ¶ 183; Defs.’ 56.1 ¶ 151.) On December 18, 2006, the Board of Trustees held a public hearing entitled “Amending the Zoning Law of the Village of Pomona in Relation to Dormitory Buildings,” at which a proposed law regarding dormitories was to be discussed. (Pis.’ 56.1 ¶ 157; Defs.’ Counter 56.1 ¶ 157; Defs.’ 56.1 ¶ 133.) The Board of Trustees adjourned discussion of the proposed local law, at the request of Plaintiffs’ counsel, to the next board meeting. (Defs.’ 56.1 ¶ 134.) Early the next year, on January 9, 2007, Preserve Ramapo, a political action group in the region, leaked tentative plans for the Congregation’s proposed rabbinical college to the public. (See Defs.’ 56.1 ¶ 135; Pis.’ Counter 56.1 ¶ 135; see also Pis.’ 56.1 ¶ 158; Defs.’ Counter 56.1 ¶ 158.). A week later, on January 14, 2007, an article in The Journal News reported that the proposed rabbinical college would bring 4,500 additional residents to the Village. (Defs.’ 56.1 ¶ 137.)
Subsequently, on January 22, 2007, the Board of Trustees held another hearing on the proposed law regulating dormitories and on the proposed law regarding wetlands, but most public comments “were aimed at the plans for the proposed rabbinical college.” (Pis.’ 56.1 1Í159; Defs.’ 56.1 ¶ 140.) For the first time, the Congregation had a videographer and court reporter record and transcribe the meeting. (Defs.’ 56.1 ¶ 141.)
After the hearing, the Village adopted Local Law 1 of 2007, (Defs.’ 56.1 ¶ 142), which provided, in relevant part, that “[a] dormitory building shall not occupy more than twenty (20) percent of the total square footage of all buildings on the lot,” Local Law 1 of 2007, as codified at Village Code § 130-10(F)(12). (See also Defs.’ 56.1¶ 143; Ulman Aff. Exs. 3, 16.) The Board of Trustees extended the public hearing on the proposed wetlands law because it “had not yet received a response from [the] Rockland County Planning Department.” (Defs.’ 56.1 ¶ 153.) In the interim, from January 2007 through March 2007, Plaintiffs allege that Mayor Marshall campaigned for reelection as Mayor on a slate with Alan Lamer, who ran for reelection as Trustee, and Former Mayor Sand-erson ran for Mayor on a slate with Yagel and Louie, who were running for election as Trustees. (Pl.’s 56.1 ¶ 269.) The proposed rabbinical college “was a significant issue” during the campaign, and Sander-son, Yagel, and Louie promised “they would fight the rabbinical college.” (Id. ¶¶ 273, 276.)
On February 26, 2007, the Board of Trustees continued its public hearing on the proposed wetlands law, which was attended by Plaintiffs’ attorney, Susan Cooper, who requested that the public be given “further opportunity” to comment. (Defs.’ 56.1 ¶¶ 154-55.) In response, the Board of Trustees held another public hearing on the proposed wetlands law on March 26, 2007. (Id. ¶¶ 156-57.) On April 23, 2007, the Board of Trustees adopted Local Law 5 of 2007, (id. ¶ 158), which added a chapter to Village Law pertaining to wetlands and provided, in relevant part, and except for certain exceptions that are inapplicable here, that
it shall be unlawful to conduct, directly or indirectly, any of the following activities upon any wetland .., or within 100 feet of the boundary of any wetland ... unless a permit is issued therefor ... (A) [a]ny form of draining dredging, excavation];,] or removal of material, except removal of debris or refuse[;] (B) [a]ny form of depositing of any material such as but not limited to soil, rock, debris, concrete, garbage, chemicals, etc.[;] (C) [ejecting any building or structure of any kind, roads, driveways, the driving of pilings or placing of any other restrictions, whether or not they change the ebb and flow of water[;] (D)
[flnstalling a septic tank, running a sewer outfall, discharging sewage treatment effluent or other liquid waste into or so as to drain into any wetland, water body[,] or watercourse!;] (E) [a]ny other activity which substantially impairs any of the several functions served by wetlands —
Local Law 5 of 2007, codified at Village Code § 126-3(A). (See also Defs? 56.1 ¶ 159; Ulman Aff. Exs. 4-5.) The law further provided that “[t]he aforesaid one-hundred-foot buffer ... shall not apply to lots that are improved with single-family residences.” Local Law 5 of 2007, codified at Village Code § 126-3(D). (See also Defs.’ 56.1 ¶ 160; Ulman Aff. Exs. 4-5;) Soon thereafter, in a May 9, 2007 email, Former- Mayor Sanderson indicated her opposition to an Orthodox middle school proposed to be constructed near the Village, noting that it did “not sound good" and encouraging others to-attend public hearings on the matter. (Pis.’ 56,1 ¶ 375 (citing Savad Deck Ex. 11 (Sanderson Dep. Tr.) 224-26); Savad Ex. 170 (May 9, 2007 email).-)
Both prior to and after the passage of the Wetlands Law, the: Congregation sent letters to the Village regarding its plans for the proposed rabbinical college, specifically on March 28, April 25, and June 22, 2007, and Susan Cooper spoke about the Congregation’s plans at a Board of Trustees meeting on April 12, 2007. (Pis.’ 56.1 ¶ 409.) While what requests those letters and statements contained, and whether they constituted a proper application for a meeting, is in dispute, (see Defs.’ Counter 56.1 ¶ 409-10), the Parties agree that the Congregation was never granted any type of meeting to discuss its proposal, (Pis.’ 56.1 ¶ 411). Nonetheless, in May 2007, the Congregation held a meeting “to present information to the public about the proposed rabbinical college,” and Village officials appear to have, .on a few occasions, encouraged residents not to attend. (Pis.’ 56.1 ¶¶ 429-30, 432-34; Defs.’ Counter 56.1 ¶¶ 432-33.)
A The Impact of the Challenged Laws
Plaintiffs allege that, collectively, the Challenged Laws prevent the construction of the rabbinical college in the Village. Because the entire Village, as noted, is zoned R-40, the Village Code permits only a limited number of land uses in the normal course, namely houses, libraries, museums, public parks, and playgrounds, see Village Code § 130-9, and, by special use permit, some other developments, including educational institutions, see Village Cdde-§ 130~10(F), and houses of worship, see Village Code § 130-10(G). Plaintiffs contend that their rabbinical college is foreclosed by the Challenged Laws because (1) the Accreditation Law requires that educational institutions be “accredited by the New York State Education Department or similar recognized accreditation agency” and Plaintiffs’ rabbinical. college allegedly cannot be accredited, (2) the Dormitory Law excludes rooms that “contain separate cooking, dining or housekeeping facilities” as well as “single-family, two-family, and/or multifamily dwelling units,” constrains dormitory use to administrative staff, faculty, and students, and limits dormitory construction to 20% “of the total square footage of all buildings on the lot,” which effectively bar Plaintiffs from building the housing they desire, and (3) the Wetlands Law requires a 100-foot buffer around wetlands of 2,000 square feet or more on properties not improved with single family homes, which renders it impossible for Plaintiffs’ to build a suitable access road to the rabbinical college on the Subject Property, the' only available property on which an educational ■ institution can be built in the Village. (See Mem. of Law in Supp. of Pis.’ Mot. for Summ. J. (“Pis.’ Mem.”) 4-9, 18 (Dkt. No. 138).) Plaintiffs also allege that the Congregation cannot obtain a variance for its' hoped-for use, (id. at 8), and that the Challenged Laws were motivated -by discrimination, (id. at 4.) Accordingly, as limited by the Court’s 2013 Opinion and Order, Plaintiffs seek a declaratory judgment finding the Challenged Laws unconstitutional and illegal. .(SAC 64.)
B. Procedural History
Plaintiffs’ filed their first Complaint on July 10, 2007, (Dkt. No. 1), and then filed an Amended Complaint on July 30, 2007, (Dkt. No, 12). Plaintiffs, filed a Second Amended Complaint on November 19, 2007, (Dkt. No.- 27). Defendants filed a Motion to Dismiss, (Dkt. No. 36), which the Court granted in part in an Opinion and Order dated January 7, 2013, (Dkt. No. 53). -
Following discovery, the Court held a pre-motion conference on October 27,2014, (see Dkt. (minute entry for Oct. 27, 2014)), at which the Court adopted a Scheduling Order for summary judgment motions, (Dkt. No. 135). Pursuant to that Order, Plaintiffs filed tjieir Motion for Partial Summary Judgment and associated documents, (Dkt. Nos. 137-139, 143-144, 146-149, 151-155), and .Defendants filed their Motion for Summary Judgment and associated documents, (Dkt. Nos. 140-142, 145, 150), on January 22,2015. Pursuant to an extension of time granted by the Court, (see Dkt. Nos. 163, 187), the Parties filed opposition papers on April 2, 2015, (Dkt. Nos. 167-173, 175-76), and replies on May 21, 2015, (Dkt. Nos. 190,193). Defendants also filed them Counter Statement to Plaintiffs’ Supplemental Rule 56.1 Statement on May 21, 2015. (Dkt. No. 194.) Additionally, pursuant to an extension of time granted by the Court, (Dkt. No. 166), the United States of America (“United States”) filed a Motion to Intervene and a brief defending the constitutionality of RLUIPA on April 23, 2015, (Dkt. Nos. 182-183), which Motion the Court granted on April 24,2015, (Dkt. No. 184).
On April 27, 2015, the Court held a pre-motion conference on Plaintiffs’ putative motion for sanctions for spoliation of evidence. (See Dkt. (minute entry for April, 27, 2015).) Pursuant to a Scheduling Order of the same date, (Dkt. No. 185), and an extension of time granted by the Court, (Dkt. No. 189), Plaintiffs filed their Motion for Sanctions and associated documents on June 3, 2015, (Dkt. Nos. 195-197). Defendants filed their Opposition and associated documents on July 1, 2015, (Dkt. Nos. 200-204), and Plaintiffs filed their Reply on July 15, 2015, (Dkt. No. 205). The Court held Oral Argument on the pending Summary Judgment Motions on July 8, 2015. (See Dkt. (minute entry for July 8, 2015).)
II. Discussion
A. Standard of Review
Summary judgment is appropriate where the movant shows that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); see also Psihoyos v. John Wiley & Sons, Inc., 748 F.3d 120, 128-24 (2d Cir.2014) (same). “In determining whether summary judgment is appropriate,” a court must “construe the facts in the light most favorable to the non-moving party and ... resolve all ambiguities and draw all reasonable inferences against the movant.” Brod v. Omya, Inc., 653 F.3d 156, 164 (2d Cir. 2011) (internal quotation marks omitted); see also Borough of Upper Saddle River v. Rockland Cty. Sewer Dist. No. 1, 16 F.Supp.3d 294, 314 (S.D.N.Y.2014) (same). Additionally, “[i]t is the movant’s burden to show that no genuine factual dispute exists.” Vt. Teddy Bear Co. v. 1-800 Beargram Co., 373 F.3d 241, 244 (2d Cir.2004); see also Aurora Comm. Corp. v. Approved Funding Corp., No. 13-CV-230, 2014 WL 1386633, at *2 (S.D.N.Y. Apr. 9, 2014) (same). “However, when the burden of proof at trial would fall on the noiimoving party, it ordinarily is sufficient for the movant to point to a lack of evidence to go to the trier of fact on an essential element of the nonmovant’s claim,” in which case “the nonmoving party must come forward with admissible evidence sufficient to raise a genuine issue of fact for trial in order to avoid summary judgment.” CILP Assocs., L.P. v. PriceWaterhouse Coopers LLP, 735 F.3d 114, 123 (2d Cir.2013) (alterations and internal quotation marks omitted). Further, “[t]o survive a [summary judgment] motion ..., [a non-movant] need[s] to create more than a ‘metaphysical’ possibility that his allegations were correct; he need[s] to ‘come forward with specific facts showing that there is a genuine issue for trial,’ ” Wrobel v. Cty. of Erie, 692 F.3d 22, 30 (2d Cir.2012) (emphasis omitted) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 act. 1348, 89 L.Ed.2d 538 (1986)), and “cannot rely on the mere allegations or denials contained in the pleadings,” Walker v. City of N.Y., No. 11-CV-2941, 2014 WL 1244778, at *5 (S.D.N.Y. Mar. 26, 2014) (internal quotation marks omitted).
“On a motion for summary judgment, a fact is material if it might affect the outcome of the suit under the governing law.” Royal Crown Day Care, LLC v. Dep’t of Health & Mental Hygiene of City of N.Y., 746 F.3d 538, 544 (2d Cir.2014) (internal quotation marks omitted)'. At’ summary judgment, “[t]he role of the court is not to resolve disputed issues of fact but to assess whether there are any factual issues to be tried.” Brod, 653 F.3d at 164 (internal quotation marks omitted); see also In re Methyl Tertiary Butyl Ether (“MTBE”) Prods. Liab. Litig., MDL No. 1358, No. M21-88, 2014 WL 840955, at *2 (S.D.N.Y. Mar. 3, 2014) (same). Accordingly, “[a] [party] opposing a motion for summary judgment must lay bare his proof in evi-dentiary form and-raise an issue of fact sufficient to send to the jury.” Weiss v. La Suisse, Société D'Assurances Sur La Vie, 293 F.Supp.2d 397, 408 (S.D.N.Y.2003) (internal quotation marks omitted). A court’s goal should, therefore, be “ ‘to isolate and dispose of factually unsupported claims.’” Geneva Pharm. Tech. Corp. v. Barr Labs., Inc., 386 F.3d 485, 495 (2d Cir.2004) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)); see also Schatzki v. Weiser. Capital Mgmt., LLC, No. 10-CV-4685, 2013 WL 6189465, at *14 (S.D.N.Y. Nov. 26,2013) (same).
B. Analysis
1. Standing
The Court begins, as it did in the 2013 Opinion and Order, with the threshold issue of standing. See Pettus v. Morgenthau, 554 F.3d 293, 298 (2d Cir.2009) (“[Standing ... is intended to be a threshold issue at least tentatively decided at the outset of the litigation.”). Defendants argue that Plaintiffs lack standing to challenge two of the Challenged Laws: the Dormitory Law and the Wetlands Law. (See Defs.’ Mem. of Law in Supp. of Their Mot. for Summ. J. (“Defs.’ Mem.”) 11-14 (Dkt. No. 141).)
Generally, under Article III, to obtain retrospective relief, a plaintiff must show (1) that he or she suffered an injury in fact which is concrete and particularized and actual or imminent, (2) that the injury is fairly traceable to the alleged unlawful conduct of the defendant, and (3) that it is likely that the injury will be redressed by a favorable federal court decision. See Marcavage v. The City of N.Y., 689 F.3d 98, 103 (2d Cir.2012) (citing Lujan v. Defs. of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)); see also Pac. Capital Bank, N.A. v. Conn., 542 F.3d 341, 350 (2d Cir.2008) (“[T]o satisfy Article Ill’s standing' requirements, a plaintiff must show (1) it has suffered an ‘injury in fact’ that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.” (alteration in original) (quoting Friends of the Earth, Inc. v. Laidlaw Envt’l. Servs. (TOC), Inc., 528 U.S. 167, 180-81, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000))). Additionally, “[t]o establish standing to obtain prospective relief,” e.g., declaratory relief, “a plaintiff must show a likelihood that he will be injured in the future,” Carver v. City of N.Y., 621 F.3d 221, 228 (2d Cir.2010) (internal quotation marks omitted); see also Abidor v. Napolitano, 990 F.Supp.2d 260, 272 (E.D.N.Y. 2013) (“An action for declaratory judgment does not provide an occasion for addressing a claim of alleged injury based on speculation as to conduct which may or may not occur at some unspecified future date.”), “[t]hat is, a plaintiff must demonstrate a certainly impending future injury,” and to do so, “a plaintiff cannot rely solely on past injuries; rather, the plaintiff must establish how he or she will be injured prospectively and that injury would be prevented by the equitable relief sought,” Marcavage, 689 F.3d at 103. As indicated above, each of these factors “must be supported in the same way as any other matter on which ... Plaintiff bears the burden of proof.” Lujan, 504 U.S. at 561, 112 S.Ct. 2130.
In addition to the requirements of Article III, there are also prudential limits on standing. See Lerman v. Bd. of Elections, 232 F.3d 135, 143 (2d Cir.2000) (“The question of standing encompasses both constitutional and prudential considerations.”). Generally, a plaintiff may not “rest his claim to relief on the legal rights or interest of third parties.” Warth v. Seldin, 422 U.S. 490, 499, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). In the First Amendment context, however, “litigants ... are permitted to challenge a statute not because their own rights ... are violated, but because of a judicial prediction or assumption that the statute’s very existence may cause others not before the court to refrain from constitutionally protected [conduct].” Va. v. Am. Booksellers Assn., 484 U.S. 383, 392-93, 108 S.Ct. 636, 98 L.Ed.2d 782 (1988) (internal quotation marks omitted). More specifically, while “[t]he issue of whether a facial challenge may be entertained is one prudential consideration Lerman, 232 F.3d at 143, in the First Amendment context a plaintiff “need only, demonstrate a substantial risk that application of the provision--will lead to the suppression” of First Amendment rights, id. at 144 (internal quotation marks omitted); see also Dickerson v. Napolitano, 604 F.3d 732, 742 (2d Cir.2010) (“[T]he plaintiff is allowed to challenge a law that may be legitimately applied to his or her own expressive conduct if the law has the potential to infringe unconstitutionally on the expressive conduct of others.”); Roman Catholic Archdiocese of N.Y. v. Sebelius, 907 F.Supp.2d 310, 322 (E.D.N.Y.2012) (noting, with respect to standing in a facial challenge to statute on free exercise grounds, that “ ‘[a] plaintiff bringing a pre-enforcement facial challenge against a statute need not demonstrate' a certainty that it will be prosecuted under the statute to show injury, but only that it has an actual and well-founded fear that the law will be enforced against it’ ”) (some internal quotation marks omitted) (quoting Vt. Right to Life Comm., Inc. v. Sorrell, 221 F.3d 376, 382 (2d Cir.2000)); Savago v. Vill. of New Paltz, 214 F.Supp.2d 252, 254 (N.D.N.Y. 2002) (“Exceptions ... in the First Amendment context allow a plaintiff to challenge a law on its face on the grounds that it is content-based [and] that it might chill the First Amendment rights not only of the plaintiff, but of others before the court.”).
In its 2013 Opinion and Order, the Court held that .the Congregation “ha[d] shown that it, ha[d] standing to challenge the ordinances -at issue because, accepting as true the allegations in the Second Amended Complaint, the Congregation ha[d] alleged a particularized injury that would be redressed if the Court granted the requested relief.” Tartikov, 915 F.Supp.2d at 591. While it remains “the burden of the party invoking federal jurisdiction to establish standing,” Lujan, 504 U.S. at 561, 112 S.Ct. 2130, the Court cannot merely rely on the allegations of the Second Amended Complaint at this stage of the case. Rather, “[t]o defend against summary judgment for lack of standing, ... [P]laintiff must set forth by affidavit or other evidence specific facts supporting standing____” N. Res. Def. Council, Inc. v. U.S. Food and Drug Admin., 710 F.3d 71, 79 (2d Cir.2013) (internal quotation marks omitted).
The Court previously found standing on the basis of five separate allegations in the Second Amended Complaint, namely:
(1) the Congregation owns the Subject Property; (2) it purchased the Subject Property with the intention of building a rabbinical college thereon;, (3) it already has begun to develop plans to build the rabbinical college; (4) the Subject, Property is subject to [§§ ] 130-4,130-9, and 130-10 of the Village Zoning Code, as well as [§ ] 126 (the Village’s wetlands ordinance), which on their face prohibit unaccredited educational institutions and some of the Congregation’s planned accessory uses; and (5). those provisions were enacted unlawfully to prevent the Congregation from building its rabbinical college.,
Tartikov, 915 F.Supp.2d at 591. As outlined above, there is no dispute among the Parties as to the first and third allegations, that the Congregation. owns the Subject Property and hag at least begun to develop plans to build a rabbinical college,, though the extent of that development is in dispute, (compare Defs.’ 56.1 ¶¶ 26-27, with Pis.’ Counter 56.1 ¶¶ 26-27 (discussing the state of the curriculum)), and Defendants have offered no evidence to rebut Plaintiffs’ second allegation, which is supported by evidence, that the Congregation purchased the Subject Property to build a rabbinical college.. (See Pis.’ 56.1 ¶ 102 (citing Decl. of Michael Tauber (“Tauber Decl.”) ¶ 3 (Dkt. No. 148)).) Moreover, Plaintiffs need not prove the fifth allegation—that the provisions were enacted to prevent the rabbinical college from being built—in order to establish standing to challenge them. See Chabad Lubavitch v. Borough of Litchfield, 796 F.Supp.2d 333, 338 (D.Conn.2011) (holding that religious corporation which owned property had standing to challenge zoning ordinance); cf Lamar Advert. of Penn, LLC v. Town of Orchard Park, 356 F.3d 365, 373-75 (2d Cir.2004) (finding that standing requirements were satisfied where an ordinance prevented the plaintiff from building certain signs); M.J. Entm’t Enter. v. City of Mount Vernon, 234 F.Supp.2d 306, 310 (S.D.N.Y.2002) (determining that the plaintiff had established standing with respect to one claim where the challenged ordinance kept the plaintiff from “offer[ing] topless dancing as entertainment at its business establishment”). Accordingly, the central question is whether the Challenged Laws apply to, and foreclose, the Congregation’s planned rabbinical college.
With regard to the Dormitory Law, Defendants argue that while the Challenged Laws permit dormitories as accessory uses to an educational use, (Defs.’ Mem.' 12 (citing Local Law 5 of 2014 and Local Law 1 of 2007)), “[a]s a matter of law, the housing aspect of Plaintiffs’ hypothetical plan is not an accessory use, because it is so disproportionate to the educational'use that it cannot be subordinate or incidental,” {id. at 11.) In support, Defendants cite two dated cases in which state courts held that certain land uses were not accessory uses because they were not “naturally and normally incidental to the main use of the premises.” (Id. at 12 (citing Ames v. Palma, 52 A.D.2d 1078, 384 N.Y.S.2d 587, 587 (1976) and Town Hall, Inc. v. Tax Comm’n, 18 A.D.2d 629, 234 N.Y,S.2d 760, 761 (1962)).) Defendants also cite the deposition of C. Babad as evidence that housing, rather than education, was the primary purpose of the proposed residences. (Id. at 13 (citing Savad Decl. Ex. 31 (C. Babad Dep. Tr.) 102 (“Because if we come in with 250 families—and lucky they, only can have one child a year, but can you imagine if they ... have two a year? Probably in the next ten years we’ll have several thousand of them over there.”)).)
The Village Code contains no language proclaiming that certain uses cannot be because of their size, but rather defines accessory as “[a] use which is customarily incidental and subordinate to the principal permitted use on the lot and located on the same lot therewith...,” Village Code § 130-4. Defendants’ cases likewise do not stand for the proposition that the mere size of a proposed use, either in absolute terms or in proportion to other uses, renders it non-accessory., Rather, as the court in Ames put it, “[a]n accessory use that is too large for an applicant’s proven needs ceases to be naturally and normally incidental to the main use of the premises,” 384 N.Y.S.2d at 587 (emphasis added); see also Town Hall, Inc. v. Tax Comm’n of City of N.Y., 18 A.D.2d 629, 234 N.Y.S.2d 760, 761 (1962) (finding that a clubhouse was not an accessory use to an educational institution not because of its size, but because “the exhibits which detailed the record of events held in the club [made] it manifestly clear that such use was the dominant one and that the use for educational purposes was merely incidental”). As Plaintiffs point out, there is ample case law indicating that the size of a development is not dispositive to whether it is accessory. See, e.g., Mamaroneck Beach & Yacht Club, Inc. v. Zoning Bd. of Appeals of Vill. of Mamaroneck, 53 A.D.3d 494, 862 N.Y.S.2d 81, 85 (2008) (“The [zoning board of appeals], in engrafting area requirements upon provisions defining a permissive accessory use, based upon the square footage of other building structures on the property,” namely by ruling that a structure that constituted more than 50% of total building square footage on the property could not be an accessory use, “was .irrational and unreasonable”). Rather, what matters is the size of the accessory use relative to the need for that use. See De Mott v. Notey, 3 N.Y.2d 116, 164 N.Y.S.2d 398, 143 N.E.2d 804, 806 (1957) (finding that use of two out of three buildings as dwellings "was permissible accessory use to hospital because “[i]t is ... generally' known ... that hospitals customarily provide living accommodations for at least some of their personnel”).
The evidence in the record is sufficient to establish standing as to the Dormitory Law. Plaintiffs contend, repeatedly, that they intend, and need, to build family housing for students of the proposed rabbinical college, and that such housing will only be used by students, faculty, and their families. {See Pl.’s 56.1 ¶¶ 457, 459-62, 465-67, 471-73, 489-491 (discussing need for such housing); see also ¶486 (“The housing component of the rabbinical college is only for students (and teachers) who are committed to the full-time religious training program along with.their families, as well as one or two caretakers of the subject property.”); ¶497 (noting that, when the Congregation was formed, “the understanding was that the planned rabbinical college would be only for students (and teachers)- committed to the full-time program, along with their families”); ¶¶ 493-495 (discussing need for family housing with housekeeping, cooking, and dining facilities); ¶¶ 603-614 (discussing how the Dormitory Law prohibits plaintiffs’ desired housing).) While some of the families living in the proposed dormitories may be large, potentially requiring the construction . of large facilities, that fact does not make their size disproportionate, as a matter- of law, to their need. See Assoc. of Zone A & B Homeowners Subsidiary, Inc. v. Zoning Bd. of App. of City of Long Beach, 298 A.D.2d 583, 749 N.Y.S.2d 68 (2002) (“Educational institutions are generally permitted -to engage in activities and locate on their property facilities for such social, recreational, athletic, and other accessory uses as are reasonably associated with their educational purpose.” (internal quotation marks omitted)). While Defendants may maintain that this is not. Plaintiffs’ true motive, the question of whether Plaintiffs intend the housing to serve only the rabbinical college, or the Orthodox Hasidic community generally, is, at most, a question of material fact for the jury. But, viewing the facts in favor of the Plaintiffs,, as non-movants on this issue, Defendants’ argument falls short.
Additionally, the question of whether the housing at issue here is actually an accessory use is beside the point. The Dormitory Law, in concert with other Village laws, including the Challenged Laws, prevent Plaintiffs from building the family housing they seek as part of their rabbinical college. The Dormitory Law, specifically, prohibits any sort of housing as part of an edjucational institution that is not defined as a “dormitory” in that statute. See Village Code § 130-9. Because the Dormitory Law explicitly precludes housing for students with families, housing that comprises greater than 20% of building square footage on the property at issue, or the building of separate cooking or housekeeping facilities, it is an insurmountable barrier to Plaintiffs’ rabbinical college as currently conceived, regardless of how “accessory use” is defined. (See Mem. of Law in Opp’n to Defs.’ Mot. for Summ. J. (“Pis.’ Opp’n”) 5-6 (Dkt. No. 167).) Thus, the merits of Plaintiffs’ challenge to the Dormitory Law notwithstanding, Plaintiffs’ have provided sufficient evidence to indicate that the Dormitory Law, on its face, forecloses Plaintiffs’ proposed rabbinical college, or any educational institution that may seek include housing for families of students, and therefore Plaintiffs have standing to levy a facial challenge against it.
With regard to the Wetlands Law, Defendants argue that “[t]here is no evidence the wetlands local law applies to any or some of the wetlands on the Subject Property because Plaintiffs have provided no wetlands studies of this property that would identify wetlands covered by the local wetlands law.” (Defs.’ Mem. of Law in Opp’n to Pis.’ Partial Mot. for Summ. J. (“Defs.’ Opp’n”) 27 (Dkt. No. 170).) Plaintiffs do, however, produce at least some evidence of wetlands on the Property, (see Beall Decl. ¶¶ 281-84, 287, 289 (discussing wetlands on property in the context of state and federal regulations), Ex. H (indicating the existence of wetlands on the east side of the property, and a stream on the west side of the property); Ex. I (same); Ex. T (property map identifying wetlands); see also Aff. of Amanda E. Gordon (“Second Gordon Aff.”) Ex. A (Report of Charles J. Voorhis) at 63 (Dkt. No. 173) (indicating the existence of wetlands on the Subject Property)), which Defendants do not rebut. Plaintiffs are therefore permitted to bring a facial challenge against the Wetlands Law, and there is therefore no basis to grant summary judgment to Defendants on standing grounds.
2. Ripeness
Defendants also contend that Plaintiffs’ challenge is unripe because Plaintiffs never submitted a formal application related to the proposed rabbinical college. (See, e.g., Defs.’ Mem. 14 (“Plaintiffs’ claims are not ripe ... because they never filed an application —”); Defs.’ Opp’n 4 n. 6 (“[T]he dormitory regulations and wetlands regulations are beyond this Court’s jurisdiction due to a lack of standing and ripeness.”); id. at 26 (“Plaintiffs lack standing on the wetlands regulation, as discovery has shown that their attack on them is unripe and a claim at this point is merely speculative. Therefore, the Court lacks jurisdiction over the wetlands provisions, even as to a facial challenge.”).) For the reasons stated in the Court’s 2013 Opinion and Order, which is unaffected by the evidence adduced after that Opinion and Order was issued, Plaintiffs’ facial challenges, by virtue of being facial challenges, are ripe and have been ripe from “ ‘the moment the [Challenged laws] [were] passed.’” Tartikov, 915 F.Supp.2d at 595 (quoting Suitum v. Tahoe Reg’l Planning Agency, 520 U.S. 725, 736 n. 10, 117 S.Ct. 1659, 137 L.Ed.2d 980 (1997)); see also S. Lyme Prop. Owners Ass’n, Inc. v. Town of Old Lyme, 539 F.Supp.2d 524, 536 (D.Conn.2008) (“[F]acial challenges are generally ripe the moment the challenged regulation or ordinance is passed.” (internal quotation marks omitted)); Ecogen, LLC v. Town of Italy, 438 F.Supp.2d 149, 155 (W.D.N.Y.2006) (“[Fjacial challenges to legislative acts are ripe by their very nature.” (internal quotation marks omitted)).
In a similar vein, Defendants suggest that Plaintiffs’ RLUIPA substantial burden claim is unripe because Plaintiffs have not filed an application, meaning the Village has not yet “impose[d]” the Challenged Laws on them. (See Defs.’ Mem. 36-37.) Plaintiffs disagree, noting that the inclusion of “implement” in the statute suggests that “impose” has a different meaning and is analogous to “enact.” (See Pis.’ Mem. 10-11.) The Court agrees with Plaintiffs: a substantial burden can be imposed by the mere enactment of legislation. See Elijah Group, Inc. v. City of Leon Valley, 643 F.3d 419, 422 (5th Cir. 2011) (“When we focus on the text of the Clause, we read it as prohibiting the government from ‘imposing,’ i.e., enacting, a facially discriminatory ordinance or ‘implementing,’ i.e. enforcing a[n ordinance].”); Roman Catholic Diocese, 2012 WL 1392365, at *8 (upholding facial challenge to zoning law because the plaintiff had adequately alleged that the “conditions imposed by the [law] would significantly restrict the [plaintiff’s] use of their [property for religious burial purposes”). Accordingly, Plaintiffs’ facial challenges are ripe for adjudication.
3. Spoliation
a. Factual .Background,
Plaintiffs, in their Motion for Sanctions, request that the Court sanction Defendants for destroying a Facebook post (the “Facebook Post”) written by Louie and related text messages between Mayor Ya-gel and Louie, and for failing to produce “the non-destroyed portion of those texts,” which Plaintiffs allege contained relevant evidence. (Pis.’ Mem. of Law in Supp. of Pis.’ Mot. for Sanctions Due to. Spoliation of Evidence (“Pis.’ Sanctions Mem.”) 2 (Dkt. No. 196).)
In May 2013, Louie posted a comment on her personal Facebook page noting her disapproval of an all-male gathering of Ha-sidic/Orthodox Jews, though without directly referencing their religion. (Defs.’ Mem. of Law in Opp’n to Pis.’ Mot. for Sanctions Due to Spoliation of Evidence (“Defs.’ Sanctions Opp’n”) 1-2 (Dkt. No. 200).) Thereafter, following an angry text message exchange between Mayor Yagél and Louie, Louie deleted the Face-book post. (Id. at 2; see also Decl. of Brett Yágel (“Yagel Sanctions Decl.”) ¶ 19 (Dkt. No. 202) (referencing “any text message”).) In March 2015, Mayor Yagel posted a comment on his personal Face-book page about a Rockland County Times newspaper article. (Pis.’ Sanctions Mem. 2.) Mayor Yagel’s comment stated, in relevant part:
FACT: Rita Louie, while still a Trustee, posted on Facebook, inappropriately, about an ‘ALL MALE gathering’ at the Provident Bank Ballpark. Especially-given the lawsuit which the Village of Pomona is involved with and the NATION [sic] IMPLICATIONS it could have. i.e., federal law potentially being struck down as unconstitutional, just as it’s [sic] predecessor (RFA) was. Total lapse in reason and judgment. Here [sic] explanation (have the text still Rita), on medication and I’ve removed it. And if a vacancy should occur (post this village election), how could anyone in their right mind (i.e. New Mayor), consider this person as a viable candidate to fill an [sic] trustee unexpired (his), given their predisposition to making such blatant and inappropriate remarks.
(Deck of Paul Savad in Supp. of Pis.’ Mot. for Sanctions Due to Spoliation of Evidence (“Savad Suppl. Deck”) Ex. 1 (Comment) (Dkt. No. 197).)
After learning that Louie had made such remarks, Plaintiffs requested “all responsive social media posts and comments,” including Louie’s Facebook post and the text of the post the Mayor Yagel indicated that he retained. (See Savad Suppl. Deck Ex. 2 (Mar. 19, 2015 email demanding production).) Defendants responded they were unable to produce the Facebook post because Mayor Yagel did not have a copy and produced a partial copy of text messages discussing the post. (Id. Ex. 3 (Mar. 25,2015 letter from Andrea Donovan Napp to Donna Sobel, Esq. describing disclosures).) The text messages contained the following exchange:
[Mayor Yagel]: Is it your position to cause damage to the village? Someone just sen[t] me a screenshot of your Fa-cebook post!. If it is your intent to jeopardize target ... then you are succeeding and may cause us to loose! [sic] You should consider.....
[Louie]: A little over the top but I understand your anger. All taken down .and I reviewed all my accounts to make sure there are no other unfortunate mistakes. But no, I don’t think I should consider resigning.
[Mayor Yagel]: I am so angry now that my heads [sic] about to pop. Their lawyers will use everything. Remember the case in NJ where the federal judge ruled that comments made by a public official in a non official [sic] setting led him to decide potential prejudice even though there was no final ruling but based on prior witness testimony. We have, too much riding on this case for you to jeopardize it. Everything is fair game in the lawsuit. Judge Karas is watching this case ... publicly commenting on an all male [sic] gathering when it’s related to a religious entity, is not good!
(Savad Suppl. Deck Ex. 4.) Plaintiffs allege that a portion of the text message is missing after Mayor Yagel writes “[y]ou should consider,” (Pis.’ Sanctions Mem. 4), though Louie’s response at least suggests, that Mayor Yagel encouraged Louie to consider resigning, (Savad Suppl. Deck Ex. 4; see also Defs.’ Sanctions Opp’n 10 n. 11), as Mayor Yagel himself avers,-(Yagel Sanctions Deck ¶20). Plaintiffs nonetheless allege that Defendants intentionally destroyed the Facebook post, and failed to retain a complete set of the texts., (Pis.’ Sanctions Mem. 5.)
Plaintiffs further allege that Mayor Ya-gel lied about his preservation of this evidence when he certified, on July 3, 2013, only two months' after the exchange at issue, and in response to Plaintiffs’ interrogatories, that Defendants preserved “all potentially relevant” electronic screen images. (Pis.’ Sanctions Mem. 5; Savad Suppl. Decl. Ex. 5 at 4 (interrogatory), 19 (verification).) In response, Yagel avers that he did not think the Facebook post was relevant to the instant action. (See Yagel Sanctions Decl. ¶ 26.)
b. Applicable Law
“Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.” Byrnie v. Town of Cromwell Bd. of Educ., 243 F.3d 93, 107 (2d Cir.2001) (internal quotation marks omitted). While “[c]ourts cannot and do not expect that a party can meet a standard of perfection,” Pension Comm. of the Univ. of Montreal Pension Plan v. Bank of Am. Sec. LLC, 685 F.Supp.2d 456, 461 (S.D.N.Y.2010), abrogated on other grounds, Chin v. Port Auth., 685 F.3d 135 (2d Cir.2012), sanctions serve to “(1) deter[ ] parties from destroying evidence; (2) plae[e] the risk of an erroneous evaluation of the content of the destroyed evidence on the party responsible for its destruction; and (3) restor[e] the party harmed by the loss of evidence helpful to its case to where the party would have been in the absence of spoliation.” Id. at 469 (internal quotation marks omitted). A spoliation sanction is appropriate where “(1) ... the party having control over the evidence had an obligation to preserve it at the time it was destroyed; (2) ... the records were destroyed with a culpable state of mind; and (3) ... the destroyed evidence was relevant to the party’s claim or defense such that a reasonable trier of fact could find that it would support that claim or defense.” Residential Funding Corp. v. DeGeorge Fin. Corp., 306 F.3d 99, 108 (2d Cir.2002) (internal- quotation marks omitted). “[Determining the proper sanction to impose for spoliation is ‘confined to the sound discretion of the trial judge ... and is assessed on a case-by-case basis.’ ” Adorno v. Port Auth., 258 F.R.D. 217, 227 (S.D.N.Y.2009) (quoting Fujitsu Ltd. v. Fed. Exp. Corp., 247 F.3d 423, 436 (2d Cir.2001)).
c. Application
As to the first element, the duty to preserve, an obligation to preserve evidence “usually arises when a party has notice that the evidence is relevant to litigation ... ' but also on occasion in other circumstances, as for example when the party should have known that the evidence may be relevant to future litigation.” Byrnie, 243 F.3d at 107 (internal quotation marks omitted); see also Kronisch v. United States, 150 F.3d 112, 126 (2d Cir. 1998) (same). Indeed, “[w]hile a litigant is under no duty to keep or retain every document in its possession, once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a litigation hold to ensure the preservation of relevant documents.” Adorno, 258 F.R.D. at 227 (alterations and internal quotation marks omitted); see also Green v. McClendon, 262 F.R.D. 284, 289 (S.D.N.Y.2009) (describing this time as “the point where relevant individuals anticipate becoming parties in imminent litigation”); Zubulake v. UBS Warburg, LLC, 220 F.R.D. 212, 217 (S.D.N.Y.2003) (noting that the duty to preserve evidence “attache[s] at the time that litigation was reasonably anticipated”). “Relevant documents are those that a party should reasonably know are relevant in the action, reasonably calculated to lead to the discovery of admissible evidence, reasonably likely to be requested during discovery and/or are the subject of a pending discovery request.” Adorno, 258 F.R.D. at 217 (alterations and internal quotation marks omitted).
It is clear that Defendants were under an obligation to preserve the Face-book post and related text messages as of the date of the Facebook post: May 10, 2013. This action was filed in July 10, 2007, (see Dkt. No. 1), and there was a litigation hold in place as of August 29, 2007, nearly six years before the comment at issue was posted, (see Savad Suppl. Decl. Ex. 11 (Aug.