Details of Jackson Township’s settlement with Oros Bais Yaakov have finally been released, bringing to a close a decade-long legal saga surrounding the Zoning Board’s conduct toward religious institutions in the municipality.

The school sued the township in 2014 over the Zoning Board's refusal to grant it a use variance to construct a high school building in an R-1 zoned property. They alleged religious discrimination by the Zoning Board in violation of federal law. In a major victory, the school secured remarkable concessions from the defendants, who not only capitulated on all fronts but were forced to bend to the will of the plaintiffs and the community on additional matters of concern to them.

Signatures of the Plaintiff and Defendant's attorneys


The settlement is significant in several respects.

  1. Jackson Township's payout of $1.35 million is among the largest ever by the township.
  2. The township not only allowed the school to build according to its original plan but agreed to change the property at issue to a Neighborhood Commercial Zone. Per the settlement reached with the DOJ in a separate lawsuit, an NC zone in Jackson will permit the construction of a dormitory, something that is increasingly becoming a headache for yeshivos in residential zones in Ocean County.
  3. The township offered a guarantee on a matter of concern to the community at large. There has been a push to require all schools to receive accreditation prior to receiving land use approval for construction of their building. This would effectively bar private schools from building in Jackson since the state does not offer accreditation to private schools. The terms of this settlement will prevent the township from using this as a method to stop private schools from being built.

The Jackson Planning Board has 11 schools on the agenda in the next 45 days. LNN will continue to monitor for further developments.