Case Explained: ANASH, INC. d/b/a Wyoming Valley Yeshiva; RABBI SHIMON HELLINGER v. BOROUGH OF KINGSTON

Court: United States Court of Appeals for the Third Circuit Filed: 2026-07-30 The third-circuit reversed the district court’s denial of a preliminary injunction and remanded the case for further proceedings. The court held that the appellants demonstrated a likelihood of success on their merits under the Religious Land Use and Institutionalized Persons Act (RLUIPA), specifically finding that the municipality’s enforcement of its 2023 Zoning Ordinance imposed a substantial burden on their religious exercise by restricting access to the properties, preventing the proposed religious use, and threatening significant daily fines. The court applied strict scrutiny, concluding the municipality failed to demonstrate a compelling governmental interest in maintaining the condemnation orders or issuing the fines, noting that the stated justifications for zoning violations were legally precarious and that the availability of alternative locations for religious exercise does not defeat a substantial burden claim under RLUIPA’s land-use protections. Additionally, the court found irreparable harm due to the loss of access to real property used for religious worship and instruction. The practical consequence is that the district court must enter an expedited preliminary injunction enjoining the municipality from restricting access to or use of the properties based on non-compliance with the 2023 Zoning Ordinance and from issuing daily citations, subject to a bond not exceeding $500. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.