Federal Lawsuit Dropped, But Mount Pleasant-JCCA Zoning Clash Over Migrant Shelter Continues
News Based on facts, either observed and verified directly by the reporter, or reported and verified from knowledgeable sources.
The Town of Mount Pleasant announced Tuesday that it has reached a settlement with the JCCA in federal court, resolving a lawsuit the agency filed earlier this spring challenging the town’s emergency orders aimed at blocking the sheltering of migrant children at its Pleasantville Cottage School campus.
Under the agreement, the JCCA agreed to dismiss its federal civil rights claims against the town in exchange for assurances that Mount Pleasant would not enforce those emergency orders against any potential children placed there through the federal Office of Refugee Resettlement, according to a statement on town stationary from Mount Pleasant Supervisor Carl Fulgenzi, distributed by local public relations firm Thompson & Bender.
However, the statement also said, both sides reserved their rights to continue battling over whether the proposed use violates the town’s zoning code, which is now at the center of ongoing litigation in state court.
“The Town of Mount Pleasant is pleased to have reached an agreement with the JCCA that resolves the federal lawsuit brought by the JCCA against the Town,” reads a portion the statement from the town.
In May 2023, Fulgenzi issued a state of emergency aimed at preventing any migrants from being housed in the town after word circulated that the school was considering the possibility. About five months later, he disclosed that the JCCA was reportedly planning to house up to 25 migrant children with emotional and/or behavioral needs—that possibility drew sharp opposition from town officials, who cited public safety concerns and argued that such a facility is prohibited under local zoning laws.
On Apr. 4 of last year, 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 school.
A state Supreme Court judge has issued a temporary injunction barring the proposed use until the matter is fully adjudicated, the statement from the supervisor noted.
In an email exchange, the town’s public relations firm confirmed that the injunction remains in effect but did not immediately answer a question about next steps in the litigation.
A call to JCCA Chief Development & Communications Officer Elizabeth Fine was quickly disconnected after a reporter identified himself. Subsequent callback attempts went to voicemail with no immediate response. Fine has previously directed press inquiries from The Examiner to the federal Office of Refugee Resettlement. That office could not be reached for comment.
This developing story will be updated if more information becomes available soon.
Adam has worked in the local news industry for the past two decades in Westchester County and the broader Hudson Valley. Read more from Adam’s author bio here.