Judge Brodie

The Twersky burial plot is now owned by purchaser Isaac’s grandchildren. Intervenors, sons of Isaac’s son Mordecai, opposed efforts by plaintiffs, sons of Isaac’s son David, to build a structure called an ohel over David’s grave. In March 2008, Schwarz, a superintendent in defendant town’s building department, issued a stop work order. In 2009 and 2010 the town issued notices of violation due to inactivity on plaintiffs’ May 2008 building permit application. Plaintiffs sued the town and intervenor family member defendants under 42 USC §1983, asserting that their rights under the First Amendment and Religious Land Use and Institutionalized Persons Act were violated by the town’s refusal to consider a building permit application absent Beth David Cemetery’s signature. The court granted the town and intervenors judgment dismissing plaintiffs’ lawsuit. Applying the four-factor analysis from Island Park LLC v. CSX Transp., it found plaintiffs’ claims unripe. Not only did plaintiffs fail to show immediate injury, they did not establish that the court could look to a “final, definitive position” from a local authority. The court found, among other things, that appeal to the zoning board would aid the record’s full development, as well as clarify whether the cemetery’s signature was required pursuant to a neutral town policy or was instead a requirement invented by Schwarz.