JCCA, Mt. Pleasant Battles Escalate as Both Sides Go to Court
News Based on facts, either observed and verified directly by the reporter, or reported and verified from knowledgeable sources.
The escalating battle between the JCCA and the Town of Mount Pleasant is now being waged in court as the two parties filed litigation against each other during the past two weeks.
On Apr. 4, the JCCA filed papers in federal district court in White Plains challenging the town’s attempts to prohibit migrant children from being sheltered at the Cottage School campus on Broadway in Pleasantville. Last May, Supervisor Carl Fulgenzi issued a state of emergency that was aimed at preventing any migrants from being housed in the town once word circulated that the school was entertaining housing them.
Last Friday, the town headed to state Supreme Court arguing that the JCCA is violating the municipality’s zoning code by establishing a shelter at the site. A Temporary Restraining Order was granted by Justice Charles Wood to prevent the JCCA from sheltering migrants until both sides appear in court this Friday morning.
Town Attorney Darius Chafizadeh said the JCCA had informed the town in an e-mail to Fulgenzi on Mar. 27 that it intended to operate the shelter containing unaccompanied migrant children, prompting the town to file the action against the agency.
“We’re not enforcing the order against them so I don’t know why they’re suing us on that,” Chafizadeh said of the JCCA suit. “But it’s definitely a zoning issue. They can’t have a shelter on that campus. It’s not allowed under the zoning code.”
JCCA spokesperson Elizabeth Fine said the agency, which has operated the Cottage School at the campus for more than 100 years, would have no comment. She asked that all inquiries be referred to the federal Office of Refugee Resettlement.
Fulgenzi said in a statement last Friday that the town was hoping to protect itself and its residents by enforcing the zoning code.
“By filing this action, the town is simply seeking to enforce its zoning laws,” he said. “The JCCA announcement to us that they were creating and opening a shelter is in clear violation of those laws.”
Following last spring’s emergency order, Fulgenzi disclosed in October that the JCCA was planning to house up to 25 migrant children with emotional and/or behavioral needs.
Town officials have argued that because of a large number of police calls to the campus, that the JCCA has been unable to handle the youngsters that live on their site, and by bringing in additional children that would increase the chances of problems on the campus.
Last July, Fulgenzi and the town demanded that the Cottage School be shuttered because in the first six months of 2023, there were more than 450 calls to the site, including multiple violent offenses.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/