GovernmentThe Examiner

Federal Lawsuit Dropped, But Mount Pleasant-JCCA Zoning Clash Over Migrant Shelter Continues

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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 Republican Mount Pleasant Supervisor Carl Fulgenzi, distributed by local public relations firm Thompson & Bender.

“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 of the statement from the town.

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 JCCA, for its part, said the organization is eager to focus on the agency’s core mission of supporting vulnerable youth.

JCCA has served children on our Pleasantville campus for more than a hundred years,” Chief Development and Communications Officer Elizabeth Fine told The Examiner in a written statement. “Now that the federal litigation has settled, we look forward to working with the Town of Mt. Pleasant, our professionals, and more than 800 Westchester based volunteers to focus on supporting young people and their families in one of the last remaining residential treatment centers in the state.

New York State Senator Andrea Stewart-Cousins, the Democratic Majority Leader, has also kept her eyes on the issue.

We are pleased that the lawsuit was settled, and we hope that the zoning issue can also be resolved so this existing federal program for children can continue,” Susan Tolchin, who serves as a special assistant to Stewart-Cousins, said in a prepared statement to The Examiner, replying to an inquiry.

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.

Correction: An earlier version of this article inaccurately gave the suggestion that Fine might have hung up on a reporter. That was not the case. This article was updated on Thursday, June 12, 2025, to reflect the correction. We regret the error.

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