Lawyers Spar over former Touro Law School Site
Lawyers representing the Huntington School District and the Good News Church were in New York State Supreme Court on Feb. 1 for oral arguments on a motion to dismiss the district’s amended complaint concerning the site of the former Touro Law School, which was once used as Robert K. Toaz Junior High School.
Huntington was seeking a declaratory judgment in order to enforce terms of the restrictive covenant on building which requires its owner to use the property “for a school and no other purpose.” The Good News Church purchased the site from Touro last spring.
Justice Peter Mayer was presented with an affidavit by the Good News Church that stated it doesn’t plan to violate the covenant, that the property is to be leased to the International Youth Fellowship Education Foundation for use as a branch of Mahanaim University and that the site will be used only for a school. The court was informed that an application has been submitted to the State Education Department for approval to operate a school at the site.
Following oral arguments, Justice Mayer issued a bench decision, dismissing the district’s amended complaint on the sole ground that the facts at this time do not present a “justiciable controversy” since currently it doesn’t appear the Good News Church is either contemplating or intending to violate the restrictive convenant.
Justice Mayer held that due to the affidavit submitted by the church, there is no actual dispute so a judicial opinion would only be advisory and therefore outside the court’s jurisdiction.
In making the decision, Justice Mayer was clear that his ruling concerns current circumstances and the district can bring a future legal action to enforce the restrictive covenant and that it retains its right of reacquisition of the site if the covenant is violated at a later date.
School officials are continuing to monitor the situation.
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