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The Second Circuit Court of Appeals at the Thurgood Marshall U.S. Courthouse in lower Manhattan. Photo: Rick Kopstein The Second Circuit Court of Appeals at the Thurgood Marshall U.S. Courthouse in lower Manhattan. (Photo: Rick Kopstein)

Absent a petition for certiorari to the U.S. Supreme Court, the Feb. 6, 2020 denial of the plaintiffs’ petition for rehearing en banc by the U.S. Court of Appeals for the Second Circuit will bring to a close almost 13 years of litigation over the school zoning laws of the Village of Pomona. With the issuance of the court’s mandate, the Second Circuit panel decision of Dec. 20, 2019, Congregation Rabbinical College of Tartikov v. Village of Pomona, 945 F.3d 83, is now final. That decision overturned the district court’s finding that two Village zoning laws were enacted in 2001 and 2004 with the intent to discriminate against the Orthodox/Hasidic community, leaving those laws in effect.

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