Multiple lawsuits claim discrimination against Orthodox Jews in NJ town
Lawsuits filed against the township of Toms River, N.J. claim discrimination against Orthodox Jews. Photo by Wikipedia Commons
By Rebecca Salzhauer July 9, 2021
Six years ago, the township of Toms River in Ocean County, N.J. planned to acquire a former egg farm owned by the Guttman family to preserve as open space. But ongoing legal disputes, including allegations that the township’s land-use will infringe on the religious rights of Orthodox Jews, have blocked the sale.
The acquisition of a former egg farm in Toms River, N.J. sparked lawsuits claiming discrimination against Orthodox Jews. Photo by Rachel Benstein
Now, the township’s land acquisition is being challenged in federal and state courts.
Toms River took over the Guttman’s property using eminent domain in 2016, and eventually ended up purchasing the land for $4.75 million, Assistant Township Attorney Anthony Merlino told Asbury Park Press.
The Guttman family was then sued by real estate developer 1940 Route 9 LLC, which had entered into a contract to buy the land in 2015 for $5.2 million. The company’s lawsuit claims that they should be the ones to receive the township’s $4.75 million.
In addition to the county court case, the developer filed a federal lawsuit against Toms River in 2018, claiming that the township’s eminent domain process violated the Religious Land-Use and Institutionalized Persons Act (RLUIPA).
In the federal lawsuit, 1940 Route 9 says that the township’s decision to purchase the Guttman farm is an attempt to prevent Orthodox Jews from moving to Toms River.
“Route 9 planned to develop and sell townhouses on the property with amenities such as kosher kitchens and multiple bedrooms that would be desirable for Orthodox Jewish families,” the lawsuit states. “With the increasing demand for housing in Toms River among the Orthodox Jewish population, Orthodox Jews would likely purchase new housing units in the development, especially if provided certain amenities that would accommodate their religious faith.”
The developer had proposed to build 100 townhouse units on the land, in addition to a 3,600 square-foot structure to be used for religious purposes and 80,000-square-feet of retail space.
In recent years, hundreds of Orthodox Jewish families have moved to the area where the Guttman land is located. The developer’s lawsuit claims that Toms River had no need for open space when they acquired the land. “The township’s purported interest in open space is pretext for discrimination against Orthodox Jews,” the lawsuit says.
Two Orthodox Jewish congregations filed two other lawsuits against the township earlier this year, claiming that Toms River has “engaged in an orchestrated campaign” to block the Orthodox community from growing in the town and challenging Toms River’s 10-acre minimum requirement for houses of worship.
1940 Route 9’s case, which is before U.S. Magistrate Judge Lois H. Goodman, is still in the discovery phase.
I hope you appreciated this article. Before you go, I’d like to ask you to please support the Forward’s award-winning journalism this Passover.
In this age of misinformation, our work is needed like never before. We report on the news that matters most to American Jews, driven by truth, not ideology.
At a time when newsrooms are closing or cutting back, the Forward has removed its paywall. That means for the first time in our 126-year history, Forward journalism is free to everyone, everywhere. With an ongoing war, rising antisemitism, and a flood of disinformation that may affect the upcoming election, we believe that free and open access to Jewish journalism is imperative.
Readers like you make it all possible. Right now, we’re in the middle of our Passover Pledge Drive and we need 500 people to step up and make a gift to sustain our trustworthy, independent journalism.
Make a gift of any size and become a Forward member today. You’ll support our mission to tell the American Jewish story fully and fairly.
— Rachel Fishman Feddersen, Publisher and CEO
Join our mission to tell the Jewish story fully and fairly.
Our Goal: 500 gifts during our Passover Pledge Drive!
