Anash Inc v. Borough of Kingston- a shul violating the newly imposed zoning ordinance

 

U.S. Court of Appeals for the Third Circuit Opinions

Anash Inc v. Borough of Kingston Docket: 25-1097 Opinion Date: July 30, 2026 Judge: Peter Phipps Areas of Law: Civil Rights, Real Estate & Property Law, Zoning, Planning & Land Use A municipality in Pennsylvania investigated two properties owned by a rabbi after receiving complaints about their use. One property was used as a residence for young men engaging in religious study, while the other served as a space for prayer, study, and religious instruction. Both properties were located in a commercially zoned district. Citing a new zoning ordinance, the municipality issued violation notices to the rabbi, asserting that such religious uses were not permitted in the district. The municipality then obtained administrative search warrants, conducted inspections, and condemned the properties the day before a major religious holiday, barring occupancy until the buildings were brought into compliance. The municipality also threatened daily fines for continued non-compliance. The rabbi and his congregation filed suit in the U.S. District Court for the Middle District of Pennsylvania against the municipality and its officers, raising several claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA), among other federal and state claims. They sought a preliminary injunction to regain access to the properties and halt enforcement actions during litigation. The District Court denied their request, finding no likelihood of success on the merits or irreparable harm, and reasoning that alternative locations for religious activities were available. On interlocutory appeal, the United States Court of Appeals for the Third Circuit reviewed the denial of preliminary injunctive relief. The Third Circuit held that the plaintiffs were likely to succeed on their RLUIPA substantial-burden claim as to the zoning ordinance, since enforcement prevented access to property for religious exercise and imposed significant penalties. The court found irreparable harm and determined that the balance of hardships and public interest favored the plaintiffs. The Third Circuit reversed the District Court’s order denying a preliminary injunction and remanded for further proceedings, instructing the lower court to enter appropriate injunctive relief.