Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona

OPINION & ORDER

KENNETH M. KARAS, District Judge:

Plaintiffs bring challenges to certain zoning and environmental ordinances enacted by Defendant Village of Pomona (the “Village”), alleging they are unlawful under the First and Fourteenth Amendments of the United States Constitution, the Religious Land Use and Institutionalized Persons Aet of 2000 (“RLUIPA”), 42 *370 U.S.C. § 2000cc et seq„ the Fair Housing Act (“FHA”), 42 U.S.C. § 3601 et seq„ New York Civil Rights Law § 40-c(l) and (2), §§ 3, 8, 9 and 11 of the New York State Constitution, and New York common law. Specifically, Plaintiffs challenge the enactment and enforcement of portions of the Village of Pomona, New York Code (“Village Code”) §§ 130-4 (defining educational institutions and dormitories) (“Accreditation Law”), 130-10(F)(12) (limiting the size of dormitories) (together with the definition of “dormitory” in § 130-4, the “Dormitory Law”), and 126 (establishing wetlands protections) (“Wetlands Law”) (together, the “Challenged Laws”). 1 Plaintiffs move for Summary Judgment on several of their claims and Defendants’ affirmative defenses, and for sanctions due to the spoliation of evidence. Defendants cross-move for Summary Judgment on all of Plaintiffs’ claims, and for certain evidence to be stricken from the record. For the reasons discussed below, the Court grants summary judgment to Defendants on Plaintiffs’ Free Speech and New York Common law claims, grants summary judgment to Plaintiffs on Defendants’ affirmative defenses, denies summary judgment to all Parties as to all other claims, grants Plaintiffs’ Motion for Sanctions as discussed below, and grants Defendants’ Motion to Strike in part.

I. Background

The Court assumes familiarity with the basic allegations of Plaintiffs’ Second Amended Complaint, (Second Am. Compl. (“SAC”) (Dkt. No. 27)), as discussed in the Court’s January 7, 2013 Opinion and Order, (Dkt. No. 53.) See Congregation Rabbinical Coll. of Tartikov, Inc. v. Vill. of Pomona, 915 F.Supp.2d 574, 607 (S.D.N.Y. 2013) (“2013 Opinion and Order”). In short, Plaintiffs bring this Action alleging that the Challenged Laws prohibit the owning, holding, building, and operation of a rabbinical college within the Village (the “Village”). (SAC ¶ 1.) While Plaintiffs specifically claim that the Challenged Laws prohibit Plaintiff Congregation Rabbinical College of Tartikov (the “Congregation”) from building its planned rabbinical college on a 100-acre tract (the “Subject Property”) located in the Village and owned by the Congregation, the Court dismissed Plaintiffs’ as-applied challenges, as well as their New York' Civil Rights Law § 40-c claim, in its 2013 Opinion and Order. Congregation Tartikov, 915 F.Supp.2d at 607 . It is for this reason that Plaintiffs ■ now proceed based solely on facial challenges to the Challenged Laws. The Court briefly reviews the salient factual background below.

A Factual Background 2

1. The Parties

Plaintiffs are a corporation and individuals affiliated with the Orthodox Jewish community, including various sects of the Hasidic community, all of whom allege an interest in the construction of a rabbinical college on the Subject Property., (Pis.’ Rule 56.1 Statement of Material Facts in Supp. of Pis.’ Mot. for Summ. J. (“Pis.’ 56.1”) ¶¶ 1, 88, 90, 92, 94-95, 97, 525 (Dkt. No. 139).) The Congregation, officially “the Rabbinical College of Tartikov, Inc.,” the owner of the Subject Property, is a reli *371 gious corporation that was formed on August 1, 2004. (Id. ¶¶ 1, 69-70, 101; Defs.’ Response Pursuant to Local Rule 56.1(b) to Pis.’ Statement of Material Facts (“Defs.’ Counter 56.1”) ¶121 (Dkt. No. 175) (citing Aff. of Amanda E. Gordon (“Gordon Aff.”) Ex. 18 (Certificate of Incorporation) (Dkt. No. 150); see also Defs.’ Local Rule 56.1(a) Statement in Supp. of their Mot. for Summ. J. (“Defs.’ 56.1”) ¶ 5 (Dkt. No. 142).) At the time of incorporation, the Congregation’s trustees included Chaim Babad (“C. Babad”), who indirectly financed the Congregation at least in part, Abraham Halberstam, Naftali Ba-bad, Samuel Chimmel, Michael Tauber (“Tauber”), and Asher Mandel. (Defs.’ 56.1 ¶¶ 6, 10); Pis.’ Opp’n to Defs.’ Local Rule 56.1 Statement of Facts (“Pis.’ Counter 56.1”) ¶ 6 (Dkt. No. 176) (citing Gordon Aff. Ex. 18).) Plaintiffs Rabbi Mordechai Babad (“M. Babad”), Rabbi Wolf Brief (‘W. Brief’), Rabbi Hermen Kahana (“H. Kahana”), Rabbi Meir Margulis (“M. Mar-gulis”), Rabbi AMva Pollack (“A. Pollack”), Rabbi Meilech Menczer (“M. Menczer”), Rabbi Jacob Hershkowitz (“J. Hershkow-itz”), Rabbi Chaim Rosenberg (“C. Rosen-benberg”), and Rabbi David A. Menczer (“D. Menczer”) (collectively, the “Individual Plaintiffs”) are rabbis who seek to live, teach, and/or study at the Congregation’s proposed rabbinical college. (Defs.’ 56.1 ¶ 14; see also Pis.’ 56.1 ¶¶ 88, 90, 92, 94-95, 97.) Defendants consist of the Village, its Board of Trustees, its current Mayor Brett Yagel (“Mayor Yagel”), its former mayor and Trustee Nicholas Sanderson (“Former Mayor Sanderson”), and other members of its Board of Trustees-Ian Banks (“Banks”),- Alma Sanders Roman (“Roman”), and Rita Louie (“Louie”)—each sued in his or her official capacity. (Defs.’ 56.1 ¶¶ 1, 3-4.)

2. Rabbinical Colleges

According to Orthodox Jewish belief, Orthodox Jews are not permitted to resolve conflicts in the secular court system, but rather must have their conflicts.adjudicated in rabbinical courts, before rabbinical judges applying Jewish law. (Pis.’ 56.1 ¶¶49, 52.) For this reason, Orthodox Jews require rabbinical courts sufficiently proximate to their homes. (See id. ¶ 51.) However, there are very few rabbinical judges, and very few rabbinical courts, in the United States today, and those courts are overburdened. (See id. ¶¶ 50-51, 59-61.) ■

In response to.th|s growing need, the Congregation’s proposed rabbinical college would enroll students, at no charge, who have completed a “high school level program in the Talmud” and who are deemed qualified by M. Babad, some of whom have already received offers of admission. (Id. ¶¶ 550, 552-53, 555, 558; Defs.’ Counter 56.1 ¶ 555 (citing Decl. of Paul Savad in Supp. of Pis.’ Mot. for Summ. J. (“Savad Decl.”) Ex. 29 (M. Babad Tr.) 133 (Dkt. No. 155)); (Defs.’ 56.1 ¶ 51). The rabbinical college would therefore have no entrance examination, written examination, or written criteria for admission. (Pis.’ 56.1 ¶ 551; Defs.’ 56.1 W37, 39-40.) For 13 to 15 years, between 6:00 a.m. and 10:30 p.m. on Sunday through Thursday and in study sessions on Friday and Saturday, the students would study the four books, or “divisions,” of the Shulchan Aruch, a compellation of Jewish laws of the Orthodox -Hasidic tradition. (See Pis.’ 56.1 ¶¶ 36-37, 65-66, 68, 528, 531, 537.) Of central importance here, Plaintiffs “believe that Jewish men are religiously obligated to marry at a young age and have large families,” (id. ¶ 38), that “Judaism ... directs [them] to dwell among a community that is directed to the Torah,” (id. ¶ 44), arid that “Jewish males [must] ... learn the Torah day and night,” (id. ¶ 46). Accordingly, . Plaintiffs believe that students of the proposed rabbinical college must *372 live, study, and pray in the same place, full-time, in a “Torah Community” separated from the outside world, which in- turn requires that their education be free and that multi-family housing be available such that students can live with their families. (Id. ¶¶ 71-74); 450 (citing, inter alia, Decl. of Meilech Menczer ¶ 55 (Dkt. No. 147), 499 (citing, inter alia, Savad Decl. Ex. 27 (M. Tauber Tr.) 84), 539-540, 559, 562.) The proposed rabbinical college would therefore include “somewhere between 50 and 250 units of housing, which will be apartments that have 3 or 4 bedrooms, ranging in size from 1800-2000 square feet.” (Defs.’ 56.1 ¶ 44.) The rábbinical college would also include at least four rabbinical courtrooms, ritual baths (“mik-vahs”), synagogues, and multiple libraries. (Pis.’ 56.1 ¶¶ 513, 518.) 3

While there are three other schools that currently train rabbinical judges in the area, namely Kollel Beíz and Mechón L’Horoya near Monsey, N.Y. and Kollel Beth Yechiel Mechil of Tartikov in Brooklyn, NY, the Congregation’s proposed rabbinical college is the only one that offers an immersive Torah Community, which enables the college to train full-time rabbinical judges. (See id. ¶¶ 565, (citing, inter alia, Savad Ex. 34 (Steven Resnicoff Dep. Tr.) 19-22), 568-71; Defs.’ Counter 56.1 ¶ 570-71.) Plaintiffs also contend that Kollel Belz and Mechón L’Horoya “only teach certain sections of the Shulchan Aruch,” that Kollel Beth Yechiel Mechil of Tartikov “does not have the same program” as the proposed rabbinical college, and that none of the three schools has on-campus housing essential to “the Torah Community environment that Plaintiffs believe” is necessary for the course of study to be offered and “essential to [the] exercise their religious belieffs].” (See Pis.’ 56.1 ¶¶ 563, 568-571; Pis.’ Counter 56.1 ¶¶ 55, 58.) 4

As of the date of this Opinion and Order, the Congregation has not yet provided a formal plan for, or submitted an application to the Village seeking to construct, their proposed rabbinical college; only a “preliminary concept plan” exists. (Defs.’ 56.1 ¶¶ 19, 22; Pis.’ Counter 56.1 ¶22.) Additionally, the proposed curriculum at this point consists only of a document prepared at Tauber’s request (he thought that his “ ‘counsel wanted to see [the curriculum] in writing,’ ”) by M. Menczer, which only includes class names and “reflects the religious source of the studies,” namely the *373 four “divisions” of the Shulchari Aruch. (Defs.’ 56.1 ¶¶ 26-28; Gordon Aff. Ex. 10 (M. Tauber Dep. Tr.) 22-23 (explaining that M. Tauber asked M. Menczer to prepare the curriculum, and that there is no other document describing “what a specialized kollel” is); Gordon Aff. Ex. 21 (proposed curriculum).) Additionally, the Congregation has not hired any teachers, the would-be dean has done “[n]othing” thus far, and the Congregation does not yet know how many students will attend the rabbinical college. (Defs.’ 56.1 ¶¶ 34-35 (citing Gordon Aff." Ex. 2 (M. Babad Depo.) 83), 66.)

3. Chronology of the Challenged Laws

The Village, incorporated in 1967, adopted a master plan in 1974 which it updated in 1997 “to maintain the low density residential character of the Village” in response to rapid growth. (Defs.’ 56.1 ¶¶ 1, 73-76 (internal quotation marks omitted) (quoting Aff. of Doris Ulman (“Ulman Aff.”) Ex. 17 (1997 Master Plan Update) 17 (Dkt. No. 145)).) Around the same time, in May 1996, the Village Attorney, thén Ruben Ortenberg, advised residents to contact the Town of Ramapo to object to the expansion of an Orthodox Hasidic school, whose development the Village had challenged in court and had been “involved [with] for two years” at the time. (See Pis.’ 56.1 ¶ 376; Savad Decl. Ex. 187 (May 20, 1996 Board of Trustees meeting minutes), at 7-8.)

At a December 1999 Village Planning Board meeting, Yeshiva Spring Valley, in an “informal appearance,” laid out plans to build a Yeshiva on the Subject Property. (Id. ¶ 121; Defs.’ Counter 56.1 ¶ 121.) 5 That same month, the Village’s planning consultant, Mark A. Haley (“Haley”), reviewed the zoning provisions of the Village Code “in conjunction with” Yeshiva Spring Valley’s appearance. (Defs.’ 56.1 ¶92.) Subsequently, in January 2000, he circulated a memorandum entitled “Proposed Primary School and Pre-School ([Yeshiva Spring Valley] Pomona) and the Village Zoning Regulations regarding schools,” noting the existence of'only “scant” regulations on schools and recommending that the Village amend the pertinent laws. (Pis.’ 56.1 ¶ 123; Defs.’ 56.1 ¶94; Pis.’ Counter 56.1 ¶ 94 (citing Ulman Aff. Ex. 28 (memorandum)).) Haley and the. Village Attorney subsequently drafted Local Law 1 of 2001 and “included many of the recommendations from the January[] 2000 memos by the Village Planner.” (Pis.’ 56.1 ¶ 124.) 6

On January 22, 2001, following a public hearing, the Board of Trustees adopted Local Law 1 of 2001. (Defs.’ 56.1 ¶¶ 96, 98.) Local Law 1, in relevant part, defined educational institution, for the first time, as “[a]ny school or other organization or institution conducting a regularly scheduled comprehensive curriculum of academic and/or alternative vocational instruction similar to that furnished by kindergartens, primary[,] or second schools and operating under the Education Law of New York State, arid duly licensed by the State of New York,” and subjected such institutions to certain restrictions under the special permit approval process, including minimum net lot area, maximum *374 development intensity, frontage, access, set back, parking, and noise guidelines. Local Law 1 of 2001, as codified at Village Code §§. 130-4, 130-10. (See also Defs.’ 56.11F1F 88-90; Ulman Aff. Exs. 1 (Local Law 1 of 2001),. 7 (Village Code § 130-4), 10 (Village Code § 130-10).)

In March of the same year, then-Mayor Herbert Marshall (“Mayor Marshall”) emphasized in a letter that nothing could be done to prevent the construction of a group home facility in the Village and that it “must be treated no different[ly] than any other residences or planned residences within the community” because residents “simply do not have the right to choose who [their] neighbors will be.” (Savad Decl. Ex. 184 (Open Letter from Mayor Marshall March 5, 2001).) Additionally, in May 2002, all but one Village Trustee expressed no objection to the concept of Barr Laboratories’ constructing an office building with parking in the Village. (Savad Decl. Ex. 176 (May 21, 2002 Board of Trustees meeting minutes) 3.)

Starting in 2003, Village. Attorney Doris Ulman (“Ulman”), who was appointed in July of that year, “began to review the Village laws” and recommended that further amendments be made due to “deficiencies . or inaccuracies in the laws.” (Defs.-’ 56.1 ¶ 106-07.) 7 That same year, at a February 17, 2003 Board of Trustees Meeting, the Board of Trustees determined not to weigh in on a neighboring municipality’s open space proposal because it “could not tell another municipality how to spend [its] money or what to do with [its] property.” (Savad Decl. Ex. 188 (Feb. 17, 2003 Board of Trustees meeting minutes) 4.)

Subsequently, on August 17, 2004, the same year in which the Village denied Yeshiva Spring Valley tax exempt status for the first time, (Pis.’ 56.1 VF 324), the Congregation purchased the Subject Property from Yeshiva Spring Valley, (Defs.’ 56.1 ¶ 17.) 8 The Subject Property is a 100-acre parcel located in the Village at the intersection of Route 202 and Route 306, and zoned, like the rest of the Village, as an R-40 district (40,000 .square feet per lot for the development of single-family homes), (id. ¶¶ 4, 99.) It is the only property that the Congregation owns, (Pis.’ 56.1 11106 (citing Savad-Ex. Ex. 31 (C. Babad Dep. Tr.) 76-78)), and appears to be the only available parcel suitable for Plaintiffs’ proposed rabbinical college under Village law, (id, ¶ 616 (citing Decl. of Barbara B. Beall (“Beall Decl.”) ¶16 (Dkt. No. 153)).) In June of that same year, the Village filed suit to challenge the Town of Ramapo’s Adult Student Housing Law *375 (“ASHL”). (Pis.’ 56.1 ¶¶ 138, 360.) 9

On September 7, 2004, Ulman presented the Board of Trustees with her recommendations for amendments to the zoning law pertaining to educational institutions, which addressed removing the half-acre-per-student lot area requirement, adding a provision allowing dormitories, clarifying the definition of educational institution, and removing the requirement that educational institutions be on a state or county road. (Defs.’ 56,1 ¶¶ 110, 112; Pis.’ Counter 56.1 ¶ 113.) Subsequently, on September 27, 2004, following a public hearing, the Board of Trustees adopted Local Law 5 of 2004, (Defs.’ 56.1 ¶¶ 114, 116), which, in relevant part, redefined- “educational institution” as “[a]ny private or religious elementary, junior high or high school,- college, graduate!,] or post-graduate school conducting a full-time - curriculum of instruction .., accredited by the New York State Education Department or similar recognized accrediting agency,” and amended the minimum lot area, frontage, access, setback, and screening guidelines, Local Law 5 of 2004, as codified at Village Code § 130-4. (See also Defs’ 56.1 ¶¶ 105, 122; Ulman Aff, Exs. 2 (Local Law 5 of 2004), 7 (Village Code § 130-4).)

Local Law 5 also addressed dormitories, providing that “[a] dormitory is permitted as an accessory use to an educational use and that there shall be not more than one dormitory building on a lot,” Local Law 5 of 2004, as codified at Village Code § 130-10(F)(12). (See also Defs.’ 56tl ¶ 117; Ul: man Aff. Exs. 2, 10). It further defined a dormitory as “a building ... [which contains] -sleeping quarters for administrative staff, faculty!,] or students,” and provided that “[d]ormitory rooms shall not contain separate cooking, dining!,] or housekeeping facilities except that one dwelling unit with completed housekeeping facilities may be provided for a use of a Superintendent or supervisory staff for every fifty dormitory rooms.” Local Law 5 of 2004, as codified • at Village Code § 130-4. (See also Ulman Aff. Exs. 2, 10.) Local Law 5 also explicitly provided that “[s]ingle-family, two-family, and/or multi-family dwelling units other than as described above shall not be considered to be dormitories or part of dormitories.” Local Law 5 of 2004, as codified at Village Code § 130-4. (See also Defs.’ 56.1 ¶ 118;-,Ulman Aff. Exs. 2, 10,).- . ...

The Village learned that the Congregation had purchased the -subject property, and, in general, that it would be used as a rabbinical college, in November 2004. (Pis.’ 56.1 ¶¶ 148-49; Defs.’ 56.1 ¶17,) 10 The Village subsequently, in late 2005 or 2006, learned of the Congregation’s actual development plans for the Subject Property. (See Pis.’ 56.1 ¶¶ 152-53.) Nonetheless, the Village approved the Congregation’s tax exemption applications in both years. (Id. ¶ 322.)

On December. 11, 2006, Ulman, after reviewing the wetlands laws of Chestnut Ridge, New Hempstead, and South Nyack, and the New York State Environmental Conservation Law, distributed a memo to Mayor Marshall discussing a proposed Wetlands law. (Id. ¶ 183; Defs.’ 56.1 ¶ 151.) On December 18, 2006, the Board *376 of Trustees held a public hearing entitled “Amending the Zoning Law of the Village of Pomona in Relation to Dormitory Buildings,” at which a proposed law regarding dormitories was to be discussed. (Pis.’ 56.1 ¶ 157; Defs.’ Counter 56.1 ¶ 157; Defs.’ 56.1 ¶ 133.) The Board of Trustees adjourned discussion of the proposed local law, at the request of Plaintiffs’ counsel, to the next board meeting. (Defs.’ 56.1 ¶ 134.) Early the next year, on January 9, 2007, Preserve Ramapo, a political action group in the region, leaked tentative plans for the Congregation’s proposed rabbinical college to the public. (See Defs.’ 56.1 ¶ 135; Pis.’ Counter 56.1 ¶ 135; see also Pis.’ 56.1 ¶ 158; Defs.’ Counter 56.1 ¶ 158.). A week later, on January 14, 2007, an article in The Journal News reported that the proposed rabbinical college would bring 4,500 additional residents to the Village. (Defs.’ 56.1 ¶ 137.)

Subsequently, on January 22, 2007, the Board of Trustees held another hearing on the proposed law regulating dormitories and on the proposed law regarding wetlands, but most public comments “were aimed at the plans for the proposed rabbinical college.” (Pis.’ 56.1 1Í159; Defs.’ 56.1 ¶ 140.) For the first time, the Congregation had a videographer and court reporter record and transcribe the meeting. (Defs.’ 56.1 ¶ 141.) 11

After the hearing, the Village adopted Local Law 1 of 2007, (Defs.’ 56.1 ¶ 142), which provided, in relevant part, that “[a] dormitory building shall not occupy more than twenty (20) percent of the total square footage of all buildings on the lot,” Local Law 1 of 2007, as codified at Village Code § 130-10(F)(12). (See also Defs.’ 56.1¶ 143; Ulman Aff. Exs. 3, 16.) 12 The Board of Trustees extended the public hearing on the proposed wetlands law because it “had not yet received a response from [the] Rockland County Planning Department.” (Defs.’ 56.1 ¶ 153.) In the interim, from January 2007 through March 2007, Plaintiffs allege that Mayor Marshall campaigned for reelection as Mayor on a slate with Alan Lamer, who ran for reelection as Trustee, and Former Mayor Sand-erson ran for Mayor on a slate with Yagel and Louie, who were running for election as Trustees. (Pl.’s 56.1 ¶ 269.) 13 The proposed rabbinical college “was a significant issue” during the campaign, and Sander-son, Yagel, and Louie promised “they would fight the rabbinical college.” (Id. ¶¶ 273, 276.)

On February 26, 2007, the Board of Trustees continued its public hearing on the proposed wetlands law, which was attended by Plaintiffs’ attorney, Susan Cooper, who requested that the public be given “further opportunity” to comment. (Defs.’ 56.1 ¶¶ 154-55.) In response, the Board of Trustees held another public hearing on the proposed wetlands law on March 26, 2007. (Id. ¶¶ 156-57.) On April 23, 2007, the Board of Trustees adopted Local Law 5 of 2007, (id. ¶ 158), which added a chapter to Village Law pertaining to wetlands and provided, in relevant part, and except for certain exceptions that are inapplicable here, that

*377 it shall be unlawful to conduct, directly or indirectly, any of the following activities upon any wetland .., or within 100 feet of the boundary of any wetland ... unless a permit is issued therefor ... (A) [a]ny form of draining dredging, excavation];,] or removal of material, except removal of debris or refuse[;] (B) [a]ny form of depositing of any material such as but not limited to soil, rock, debris, concrete, garbage, chemicals, etc.[;] (C) [ejecting any building or structure of any kind, roads, driveways, the driving of pilings or placing of any other restrictions, whether or not they change the ebb and flow of water[;] (D)

[flnstalling a septic tank, running a sewer outfall, discharging sewage treatment effluent or other liquid waste into or so as to drain into any wetland, water body[,] or watercourse!;] (E) [a]ny other activity which substantially impairs any of the several functions served by wetlands —

Local Law 5 of 2007, codified at Village Code § 126-3(A). (See also Defs? 56.1 ¶ 159; Ulman Aff. Exs. 4-5.) The law further provided that “[t]he aforesaid one-hundred-foot buffer ... shall not apply to lots that are improved with single-family residences.” Local Law 5 of 2007, codified at Village Code § 126-3(D). (See also Defs.’ 56.1 ¶ 160; Ulman Aff. Exs. 4-5;) Soon thereafter, in a May 9, 2007 email, Former- Mayor Sanderson indicated her opposition to an Orthodox middle school proposed to be constructed near the Village, noting that it did “not sound good" and encouraging others to-attend public hearings on the matter. (Pis.’ 56,1 ¶ 375 (citing Savad Deck Ex. 11 (Sanderson Dep. Tr.) 224-26); Savad Ex. 170 (May 9, 2007 email).-)

Both prior to and after the passage of the Wetlands Law, the: Congregation sent letters to the Village regarding its plans for the proposed rabbinical college, specifically on March 28, April 25, and June 22, 2007, and Susan Cooper spoke about the Congregation’s plans at a Board of Trustees meeting on April 12, 2007. (Pis.’ 56.1 ¶ 409.) While what requests those letters and statements contained, and whether they constituted a proper application for a meeting, is in dispute, (see Defs.’ Counter 56.1 ¶ 409-10), the Parties agree that the Congregation was never granted any type of meeting to discuss its proposal, (Pis.’ 56.1 ¶ 411). Nonetheless, in May 2007, the Congregation held a meeting “to present information to the public about the proposed rabbinical college,” and Village officials appear to have, .on a few occasions, encouraged residents not to attend. (Pis.’ 56.1 ¶¶ 429-30, 432-34; Defs.’ Counter 56.1 ¶¶ 432-33.)

A The Impact of the Challenged Laws

Plaintiffs allege that, collectively, the Challenged Laws prevent the construction of the rabbinical college in the Village. Because the entire Village, as noted, is zoned R-40, the Village Code permits only a limited number of land uses in the normal course, namely houses, libraries, museums, public parks, and playgrounds, see Village Code § 130-9, and, by special use permit, some other developments, including educational institutions, see Village Cdde-§ 130~10(F), and houses of worship, see Village Code § 130-10(G). 14 Plaintiffs contend that their rabbinical college is foreclosed by the Challenged Laws because (1) the Accreditation Law requires that educational institutions be “accredited by the New York State Education Department or similar recognized accreditation agency” and Plaintiffs’ rabbinical. college *378 allegedly cannot be accredited, (2) the Dormitory Law excludes rooms that “contain separate cooking, dining or housekeeping facilities” as well as “single-family, two-family, and/or multifamily dwelling units,” constrains dormitory use to administrative staff, faculty, and students, and limits dormitory construction to 20% “of the total square footage of all buildings on the lot,” which effectively bar Plaintiffs from building the housing they desire, and (3) the Wetlands Law requires a 100-foot buffer around wetlands of 2,000 square feet or more on properties not improved with single family homes, which renders it impossible for Plaintiffs’ to build a suitable access road to the rabbinical college on the Subject Property, the' only available property on which an educational ■ institution can be built in the Village. (See Mem. of Law in Supp. of Pis.’ Mot. for Summ. J. (“Pis.’ Mem.”) 4-9, 18 (Dkt. No. 138).) Plaintiffs also allege that the Congregation cannot obtain a variance for its' hoped-for use, (id. at 8), and that the Challenged Laws were motivated -by discrimination, (id. at 4.) Accordingly, as limited by the Court’s 2013 Opinion and Order, Plaintiffs seek a declaratory judgment finding the Challenged Laws unconstitutional and illegal. .(SAC 64.)

B. Procedural History

Plaintiffs’ filed their first Complaint on July 10, 2007, (Dkt. No. 1), and then filed an Amended Complaint on July 30, 2007, (Dkt. No, 12). Plaintiffs, filed a Second Amended Complaint on November 19, 2007, (Dkt. No.- 27). 15 Defendants filed a Motion to Dismiss, (Dkt. No. 36), which the Court granted in part in an Opinion and Order dated January 7, 2013, (Dkt. No. 53). -

Following discovery, the Court held a pre-motion conference on October 27,2014, (see Dkt. (minute entry for Oct. 27, 2014)), at which the Court adopted a Scheduling Order for summary judgment motions, (Dkt. No. 135). Pursuant to that Order, Plaintiffs filed tjieir Motion for Partial Summary Judgment and associated documents, (Dkt. Nos. 137-139, 143-144, 146-149, 151-155), and .Defendants filed their Motion for Summary Judgment and associated documents, (Dkt. Nos. 140-142, 145, 150), on January 22,2015. Pursuant to an extension of time granted by the Court, (see Dkt. Nos. 163, 187), the Parties filed opposition papers on April 2, 2015, (Dkt. Nos. 167-173, 175-76), and replies on May 21, 2015, (Dkt. Nos. 190,193). Defendants also filed them Counter Statement to Plaintiffs’ Supplemental Rule 56.1 Statement on May 21, 2015. (Dkt. No. 194.) Additionally, pursuant to an extension of time granted by the Court, (Dkt. No. 166), the United States of America (“United States”) filed a Motion to Intervene and a brief defending the constitutionality of RLUIPA on April 23, 2015, (Dkt. Nos. 182-183), which Motion the Court granted on April 24,2015, (Dkt. No. 184).

On April 27, 2015, the Court held a pre-motion conference on Plaintiffs’ putative motion for sanctions for spoliation of evidence. (See Dkt. (minute entry for April, 27, 2015).) Pursuant to a Scheduling Order of the same date, (Dkt. No. 185), and an extension of time granted by the Court, (Dkt. No. 189), Plaintiffs filed their Motion for Sanctions and associated documents on June 3, 2015, (Dkt. Nos. 195-197). Defendants filed their Opposition and associated documents on July 1, 2015, (Dkt. Nos. 200-204), and Plaintiffs filed their Reply on July 15, 2015, (Dkt. No. 205). The Court held Oral Argument on the pending Sum *379 mary Judgment Motions on July 8, 2015. (See Dkt. (minute entry for July 8, 2015).)

II. Discussion

A. Standard of Review

Summary judgment is appropriate where the movant shows that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); see also Psihoyos v. John Wiley & Sons, Inc., 748 F.3d 120, 128-24 (2d Cir.2014) (same). “In determining whether summary judgment is appropriate,” a court must “construe the facts in the light most favorable to the non-moving party and ... resolve all ambiguities and draw all reasonable inferences against the movant.” Brod v. Omya, Inc., 653 F.3d 156, 164 (2d Cir. 2011) (internal quotation marks omitted); see also Borough of Upper Saddle River v. Rockland Cty. Sewer Dist. No. 1, 16 F.Supp.3d 294, 314 (S.D.N.Y.2014) (same). Additionally, “[i]t is the movant’s burden to show that no genuine factual dispute exists.” Vt. Teddy Bear Co. v. 1-800 Beargram Co., 373 F.3d 241 , 244 (2d Cir.2004); see also Aurora Comm. Corp. v. Approved Funding Corp., No. 13-CV-230, 2014 WL 1386633 , at *2 (S.D.N.Y. Apr. 9, 2014) (same). “However, when the burden of proof at trial would fall on the noiimoving party, it ordinarily is sufficient for the movant to point to a lack of evidence to go to the trier of fact on an essential element of the nonmovant’s claim,” in which case “the nonmoving party must come forward with admissible evidence sufficient to raise a genuine issue of fact for trial in order to avoid summary judgment.” CILP Assocs., L.P. v. PriceWaterhouse Coopers LLP, 735 F.3d 114, 123 (2d Cir.2013) (alterations and internal quotation marks omitted). Further, “[t]o survive a [summary judgment] motion ..., [a non-movant] need[s] to create more than a ‘metaphysical’ possibility that his allegations were correct; he need[s] to ‘come forward with specific facts showing that there is a genuine issue for trial,’ ” Wrobel v. Cty. of Erie, 692 F.3d 22, 30 (2d Cir.2012) (emphasis omitted) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87 , 106 act. 1348, 89 L.Ed.2d 538 (1986)), and “cannot rely on the mere allegations or denials contained in the pleadings,” Walker v. City of N.Y., No. 11-CV-2941, 2014 WL 1244778 , at *5 (S.D.N.Y. Mar. 26, 2014) (internal quotation marks omitted).

“On a motion for summary judgment, a fact is material if it might affect the outcome of the suit under the governing law.” Royal Crown Day Care, LLC v. Dep’t of Health & Mental Hygiene of City of N.Y., 746 F.3d 538, 544 (2d Cir.2014) (internal quotation marks omitted)'. At’ summary judgment, “[t]he role of the court is not to resolve disputed issues of fact but to assess whether there are any factual issues to be tried.” Brod, 653 F.3d at 164 (internal quotation marks omitted); see also In re Methyl Tertiary Butyl Ether (“MTBE”) Prods. Liab. Litig., MDL No. 1358, No. M21-88, 2014 WL 840955 , at *2 (S.D.N.Y. Mar. 3, 2014) (same). Accordingly, “[a] [party] opposing a motion for summary judgment must lay bare his proof in evi-dentiary form and-raise an issue of fact sufficient to send to the jury.” Weiss v. La Suisse, Société D'Assurances Sur La Vie, 293 F.Supp.2d 397, 408 (S.D.N.Y.2003) (internal quotation marks omitted). A court’s goal should, therefore, be “ ‘to isolate and dispose of factually unsupported claims.’” Geneva Pharm. Tech. Corp. v. Barr Labs., Inc., 386 F.3d 485 , 495 (2d Cir.2004) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986)); see also Schatzki v. Weiser. Capital Mgmt., LLC, No. 10-CV-4685, 2013 WL 6189465 , at *14 (S.D.N.Y. Nov. 26,2013) (same).

*380

B. Analysis

1. Standing

The Court begins, as it did in the 2013 Opinion and Order, with the threshold issue of standing. See Pettus v. Morgenthau, 554 F.3d 293, 298 (2d Cir.2009) (“[Standing ... is intended to be a threshold issue at least tentatively decided at the outset of the litigation.”). Defendants argue that Plaintiffs lack standing to challenge two of the Challenged Laws: the Dormitory Law and the Wetlands Law. (See Defs.’ Mem. of Law in Supp. of Their Mot. for Summ. J. (“Defs.’ Mem.”) 11-14 (Dkt. No. 141).)

Generally, under Article III, to obtain retrospective relief, a plaintiff must show (1) that he or she suffered an injury in fact which is concrete and particularized and actual or imminent, (2) that the injury is fairly traceable to the alleged unlawful conduct of the defendant, and (3) that it is likely that the injury will be redressed by a favorable federal court decision. See Marcavage v. The City of N.Y., 689 F.3d 98, 103 (2d Cir.2012) (citing Lujan v. Defs. of Wildlife, 504 U.S. 555, 560-61 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992)); see also Pac. Capital Bank, N.A. v. Conn., 542 F.3d 341, 350 (2d Cir.2008) (“[T]o satisfy Article Ill’s standing' requirements, a plaintiff must show (1) it has suffered an ‘injury in fact’ that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.” (alteration in original) (quoting Friends of the Earth, Inc. v. Laidlaw Envt’l. Servs. (TOC), Inc., 528 U.S. 167, 180-81 , 120 S.Ct. 693 , 145 L.Ed.2d 610 (2000))). Additionally, “[t]o establish standing to obtain prospective relief,” e.g., declaratory relief, “a plaintiff must show a likelihood that he will be injured in the future,” Carver v. City of N.Y., 621 F.3d 221, 228 (2d Cir.2010) (internal quotation marks omitted); see also Abidor v. Napolitano, 990 F.Supp.2d 260, 272 (E.D.N.Y. 2013) (“An action for declaratory judgment does not provide an occasion for addressing a claim of alleged injury based on speculation as to conduct which may or may not occur at some unspecified future date.”), “[t]hat is, a plaintiff must demonstrate a certainly impending future injury,” and to do so, “a plaintiff cannot rely solely on past injuries; rather, the plaintiff must establish how he or she will be injured prospectively and that injury would be prevented by the equitable relief sought,” Marcavage, 689 F.3d at 103 . As indicated above, each of these factors “must be supported in the same way as any other matter on which ... Plaintiff bears the burden of proof.” Lujan, 504 U.S. at 561 , 112 S.Ct. 2130 .

In addition to the requirements of Article III, there are also prudential limits on standing. See Lerman v. Bd. of Elections, 232 F.3d 135 , 143 (2d Cir.2000) (“The question of standing encompasses both constitutional and prudential considerations.”). Generally, a plaintiff may not “rest his claim to relief on the legal rights or interest of third parties.” Warth v. Seldin, 422 U.S. 490, 499 , 95 S.Ct. 2197 , 45 L.Ed.2d 343 (1975). In the First Amendment context, however, “litigants ... are permitted to challenge a statute not because their own rights ... are violated, but because of a judicial prediction or assumption that the statute’s very existence may cause others not before the court to refrain from constitutionally protected [conduct].” Va. v. Am. Booksellers Assn., 484 U.S. 383, 392-93 , 108 S.Ct. 636 , 98 L.Ed.2d 782 (1988) (internal quotation marks omitted). More specifically, while “[t]he issue of whether a facial challenge *381 may be entertained is one prudential consideration Lerm an, 232 F.3d at 143, in the First Amendment context a plaintiff “need only, demonstrate a substantial risk that application of the provision--will lead to the suppression” of First Amendment rights, id. at 144 (internal quotation marks omitted); see also Dickerson v. Napolitano, 604 F.3d 732, 742 (2d Cir.2010) (“[T]he plaintiff is allowed to challenge a law that may be legitimately applied to his or her own expressive conduct if the law has the potential to infringe unconstitutionally on the expressive conduct of others.”); Roman Catholic Archdiocese of N.Y. v. Sebelius, 907 F.Supp.2d 310, 322 (E.D.N.Y.2012) (noting, with respect to standing in a facial challenge to statute on free exercise grounds, that “ ‘[a] plaintiff bringing a pre-enforcement facial challenge against a statute need not demonstrate' a certainty that it will be prosecuted under the statute to show injury, but only that it has an actual and well-founded fear that the law will be enforced against it’ ”) (some internal quotation marks omitted) (quoting Vt. Right to Life Comm., Inc. v. Sorrell, 221 F.3d 376 , 382 (2d Cir.2000)); Savago v. Vill. of New Paltz, 214 F.Supp.2d 252, 254 (N.D.N.Y. 2002) (“Exceptions ... in the First Amendment context allow a plaintiff to challenge a law on its face on the grounds that it is content-based [and] that it might chill the First Amendment rights not only of the plaintiff, but of others before the court.”).

In its 2013 Opinion and Order, the Court held that .the Congregation “ha[d] shown that it, ha[d] standing to challenge the ordinances -at issue because, accepting as true the allegations in the Second Amended Complaint, the Congregation ha[d] alleged a particularized injury that would be redressed if the Court granted the requested relief.” Tartikov, 915 F.Supp.2d at 591 . While it remains “the burden of the party invoking federal jurisdiction to establish standing,” Lujan, 504 U.S. at 561 , 112 S.Ct. 2130 , the Court cannot merely rely on the allegations of the Second Amended Complaint at this stage of the case. Rather, “[t]o defend against summary judgment for lack of standing, ... [P]laintiff must set forth by affidavit or other evidence specific facts supporting standing____” N. Res. Def. Council, Inc. v. U.S. Food and Drug Admin., 710 F.3d 71, 79 (2d Cir.2013) (internal quotation marks omitted).

The Court previously found standing on the basis of five separate allegations in the Second Amended Complaint, namely:

(1) the Congregation owns the Subject Property; (2) it purchased the Subject Property with the intention of building a rabbinical college thereon;, (3) it already has begun to develop plans to build the rabbinical college; (4) the Subject, Property is subject to [§§ ] 130-4,130-9, and 130-10 of the Village Zoning Code, as well as [§ ] 126 (the Village’s wetlands ordinance), which on their face prohibit unaccredited educational institutions and some of the Congregation’s planned accessory uses; and (5). those provisions were enacted unlawfully to prevent the Congregation from building its rabbinical college.,

Tartikov, 915 F.Supp.2d at 591 . As outlined above, there is no dispute among the Parties as to the first and third allegations, that the Congregation. owns the Subject Property and hag at least begun to develop plans to build a rabbinical college,, though the extent of that development is in dispute, (compare Defs.’ 56.1 ¶¶ 26-27, with Pis.’ Counter 56.1 ¶¶ 26-27 (discussing the state of the curriculum)), and Defendants have offered no evidence to rebut Plaintiffs’ second allegation, which is supported by evidence, that the Congregation purchased the Subject Property to build a *382 rabbinical college.. (See Pis.’ 56.1 ¶ 102 (citing Decl. of Michael Tauber (“Tauber Decl.”) ¶ 3 (Dkt. No. 148)).) 16 Moreover, Plaintiffs need not prove the fifth allegation—that the provisions were enacted to prevent the rabbinical college from being built—in order to establish standing to challenge them. See Chabad Lubavitch v. Borough of Litchfield, 796 F.Supp.2d 333, 338 (D.Conn.2011) (holding that religious corporation which owned property had standing to challenge zoning ordinance); cf Lamar Advert. of Penn, LLC v. Town of Orchard Park, 356 F.3d 365, 373-75 (2d Cir.2004) (finding that standing requirements were satisfied where an ordinance prevented the plaintiff from building certain signs); M.J. Entm’t Enter. v. City of Mount Vernon, 234 F.Supp.2d 306, 310 (S.D.N.Y.2002) (determining that the plaintiff had established standing with respect to one claim where the challenged ordinance kept the plaintiff from “offer[ing] topless dancing as entertainment at its business establishment”). Accordingly, the central question is whether the Challenged Laws apply to, and foreclose, the Congregation’s planned rabbinical college.

With regard to the Dormitory Law, Defendants argue that while the Challenged Laws permit dormitories as accessory uses to an educational use, (Defs.’ Mem.' 12 (citing Local Law 5 of 2014 and Local Law 1 of 2007)), “[a]s a matter of law, the housing aspect of Plaintiffs’ hypothetical plan is not an accessory use, because it is so disproportionate to the educational'use that it cannot be subordinate or incidental,” {id. at 11.) In support, Defendants cite two dated cases in which state courts held that certain land uses were not accessory uses because they were not “naturally and normally incidental to the main use of the premises.” (Id. at 12 (citing Ames v. Palma, 52 A.D.2d 1078 , 384 N.Y.S.2d 587, 587 (1976) and Town Hall, Inc. v. Tax Comm’n, 18 A.D.2d 629 , 234 N.Y,S.2d 760, 761 (1962)).) Defendants also cite the deposition of C. Babad as evidence that housing, rather than education, was the primary purpose of the proposed residences. (Id. at 13 (citing Savad Decl. Ex. 31 (C. Babad Dep. Tr.) 102 (“Because if we come in with 250 families—and lucky they, only can have one child a year, but can you imagine if they ... have two a year? Probably in the next ten years we’ll have several thousand of them over there.”)).)

The Village Code contains no language proclaiming that certain uses cannot be because of their size, but rather defines accessory as “[a] use which is customarily incidental and subordinate to the principal permitted use on the lot and located on the same lot therewith...,” Village Code § 130-4. Defendants’ cases likewise do not stand for the proposition that the mere size of a proposed use, either in absolute terms or in proportion to other uses, renders it non-accessory., Rather, as the court in Ames put it, “[a]n accessory use that is too large for an applicant’s proven needs ceases to be naturally and normally incidental to the main use of the premises,” 384 N.Y.S.2d at 587 (emphasis added); see also Town Hall, Inc. v. Tax Comm’n of City of N.Y., 18 A.D.2d 629 , 234 N.Y.S.2d 760, 761 (1962) (finding that a clubhouse was not an accessory use to an educational institution not because of its size, but because “the exhibits which detailed the rec *383 ord of events held in the club [made] it manifestly clear that such use was the dominant one and that the use for educational purposes was merely incidental”). As Plaintiffs point out, there is ample case law indicating that the size of a development is not dispositive to whether it is accessory. See, e.g., Mamaroneck Beach & Yacht Club, Inc. v. Zoning Bd. of Appeals of Vill. of Mamaroneck, 53 A.D.3d 494 , 862 N.Y.S.2d 81, 85 (2008) (“The [zoning board of appeals], in engrafting area requirements upon provisions defining a permissive accessory use, based upon the square footage of other building structures on the property,” namely by ruling that a structure that constituted more than 50% of total building square footage on the property could not be an accessory use, “was .irrational and unreasonable”). Rather, what matters is the size of the accessory use relative to the need for that use. See De Mott v. Notey, 3 N.Y.2d 116 , 164 N.Y.S.2d 398 , 143 N.E.2d 804, 806 (1957) (finding that use of two out of three buildings as dwellings "was permissible accessory use to hospital because “[i]t is ... generally' known ... that hospitals customarily provide living accommodations for at least some of their personnel”).

The evidence in the record is sufficient to establish standing as to the Dormitory Law. Plaintiffs contend, repeatedly, that they intend, and need, to build family housing for students of the proposed rabbinical college, and that such housing will only be used by students, faculty, and their families. {See Pl.’s 56.1 ¶¶ 457, 459-62, 465-67, 471-73, 489-491 (discussing need for such housing); see also ¶486 (“The housing component of the rabbinical college is only for students (and teachers) who are committed to the full-time religious training program along with.their families, as well as one or two caretakers of the subject property.”); ¶497 (noting that, when the Congregation was formed, “the understanding was that the planned rabbinical college would be only for students (and teachers)- committed to the full-time program, along with their families”); ¶¶ 493-495 (discussing need for family housing with housekeeping, cooking, and dining facilities); ¶¶ 603-614 (discussing how the Dormitory Law prohibits plaintiffs’ desired housing).) While some of the families living in the proposed dormitories may be large, potentially requiring the construction . of large facilities, that fact does not make their size disproportionate, as a matter- of law, to their need. See Assoc. of Zone A & B Homeowners Subsidiary, Inc. v. Zoning Bd. of App. of City of Long Beach, 298 A.D.2d 583 , 749 N.Y.S.2d 68 (2002) (“Educational institutions are generally permitted -to engage in activities and locate on their property facilities for such social, recreational, athletic, and other accessory uses as are reasonably associated with their educational purpose.” (internal quotation marks omitted)). While Defendants may maintain that this is not. Plaintiffs’ true motive, the question of whether Plaintiffs intend the housing to serve only the rabbinical college, or the Orthodox Hasidic community generally, is, at most, a question of material fact for the jury. But, viewing the facts in favor of the Plaintiffs,, as non-movants on this issue, Defendants’ argument falls short.

Additionally, the question of whether the housing at issue here is actually an accessory use is beside the point. The Dormitory Law, in concert with other Village laws, including the Challenged Laws, prevent Plaintiffs from building the family housing they seek as part of their rabbinical college. The Dormitory Law, specifically, prohibits any sort of housing as part of an edjucational institution that is not defined as a “dormitory” in that statute. See Village Code § 130-9. Because the Dormitory Law explicitly precludes hous *384 ing for students with families, housing that comprises greater than 20% of building square footage on the property at issue, or the building of separate cooking or housekeeping facilities, it is an insurmountable barrier to Plaintiffs’ rabbinical college as currently conceived, regardless of how “accessory use” is defined. (See Mem. of Law in Opp’n to Defs.’ Mot. for Summ. J. (“Pis.’ Opp’n”) 5-6 (Dkt. No. 167).) 17 Thus, the merits of Plaintiffs’ challenge to the Dormitory Law notwithstanding, Plaintiffs’ have provided sufficient evidence to indicate that the Dormitory Law, on its face, forecloses Plaintiffs’ proposed rabbinical college, or any educational institution that may seek include housing for families of students, and therefore Plaintiffs have standing to levy a facial challenge against it.

With regard to the Wetlands Law, Defendants argue that “[t]here is no evidence the wetlands local law applies to any or some of the wetlands on the Subject Property because Plaintiffs have provided no wetlands studies of this property that would identify wetlands covered by the local wetlands law.” (Defs.’ Mem. of Law in Opp’n to Pis.’ Partial Mot. for Summ. J. (“Defs.’ Opp’n”) 27 (Dkt. No. 170).) Plaintiffs do, however, produce at least some evidence of wetlands on the Property, (see Beall Decl. ¶¶ 281-84, 287, 289 (discussing wetlands on property in the context of state and federal regulations), Ex. H (indicating the existence of wetlands on the east side of the property, and a stream on the west side of the property); Ex. I (same); Ex. T (property map identifying wetlands); see also Aff. of Amanda E. Gordon (“Second Gordon Aff.”) Ex. A (Report of Charles J. Voorhis) at 63 (Dkt. No. 173) (indicating the existence of wetlands on the Subject Property)), which Defendants do not rebut. 18 Plaintiffs are therefore permitted to bring a facial challenge against the Wetlands Law, and there is therefore no basis to grant summary judgment to Defendants on standing grounds.

2. Ripeness

Defendants also contend that Plaintiffs’ challenge is unripe because Plaintiffs never submitted a formal application related to the proposed rabbinical college. (See, e.g., Defs.’ Mem. 14 (“Plaintiffs’ claims are not ripe ... because they never filed an application —”); Defs.’ Opp’n 4 n. 6 (“[T]he dormitory regulations and wetlands regulations are beyond this Court’s jurisdiction due to a lack of standing and ripeness.”); id. at 26 (“Plaintiffs lack standing on the wetlands regulation, as discovery has shown that their attack on them is unripe and a claim at this point is merely speculative. Therefore, the Court lacks jurisdiction over the wetlands provisions, even as to a facial challenge.”).) For the reasons stated in the Court’s 2013 Opinion and Order, which is unaffected by the evidence adduced after that Opinion and Order was issued, Plaintiffs’ facial challenges, by virtue of being facial challenges, are ripe and have been ripe from “ ‘the moment the [Challenged laws] [were] passed.’” Tartikov, 915 F.Supp.2d at 595 (quoting Suitum v. Tahoe Reg’l Planning Agency, 520 U.S. 725 , 736 n. 10, 117 S.Ct. 1659 , 137 L.Ed.2d 980 (1997)); see also S. Lyme Prop. Owners Ass’n, Inc. v. Town of Old Lyme, 539 F.Supp.2d 524, 536 (D.Conn.2008) (“[F]acial challenges are *385 generally ripe the moment the challenged regulation or ordinance is passed.” (internal quotation marks omitted)); Ecogen, LLC v. Town of Italy, 438 F.Supp.2d 149, 155 (W.D.N.Y.2006) (“[Fjacial challenges to legislative acts are ripe by their very nature.” (internal quotation marks omitted)).

In a similar vein, Defendants suggest that Plaintiffs’ RLUIPA substantial burden claim is unripe because Plaintiffs have not filed an application, meaning the Village has not yet “impose[d]” the Challenged Laws on them. (See Defs.’ Mem. 36-37.) Plaintiffs disagree, noting that the inclusion of “implement” in the statute suggests that “impose” has a different meaning and is analogous to “enact.” (See Pis.’ Mem. 10-11.) The Court agrees with Plaintiffs: a substantial burden can be imposed by the mere enactment of legislation. See Elijah Group, Inc. v. City of Leon Valley, 643 F.3d 419, 422 (5th Cir. 2011) (“When we focus on the text of the Clause, we read it as prohibiting the government from ‘imposing,’ i.e., enacting, a facially discriminatory ordinance or ‘implementing,’ i.e. enforcing a[n ordinance].”); Roman Catholic Diocese, 2012 WL 1392365 , at *8 (upholding facial challenge to zoning law because the plaintiff had adequately alleged that the “conditions imposed by the [law] would significantly restrict the [plaintiff’s] use of their [property for religious burial purposes”). Accordingly, Plaintiffs’ facial challenges are ripe for adjudication.

3. Spoliation

a. Factual .Background,

Plaintiffs, in their Motion for Sanctions, request that the Court sanction Defendants for destroying a Facebook post (the “Facebook Post”) written by Louie and related text messages between Mayor Ya-gel and Louie, and for failing to produce “the non-destroyed portion of those texts,” which Plaintiffs allege contained relevant evidence. (Pis.’ Mem. of Law in Supp. of Pis.’ Mot. for Sanctions Due to. Spoliation of Evidence (“Pis.’ Sanctions Mem.”) 2 (Dkt. No. 196).)

In May 2013, Louie posted a comment on her personal Facebook page noting her disapproval of an all-male gathering of Ha-sidic/Orthodox Jews, though without directly referencing their religion. (Defs.’ Mem. of Law in Opp’n to Pis.’ Mot. for Sanctions Due to Spoliation of Evidence (“Defs.’ Sanctions Opp’n”) 1-2 (Dkt. No. 200).) 19 Thereafter, following an angry text message exchange between Mayor Yagél and Louie, Louie deleted the Face-book post. (Id. at 2; see also Decl. of Brett Yágel (“Yagel Sanctions Decl.”) ¶ 19 (Dkt. No. 202) (referencing “any text message”).) 20 In March 2015, Mayor Yagel posted a comment on his personal Face-book page about a Rockland County Times newspaper article. (Pis.’ Sanctions Mem. 2.) Mayor Yagel’s comment stated, in relevant part:

FACT: Rita Louie, while still a Trustee, posted on Facebook, inappropriately, about an ‘ALL MALE gathering’ at the *386 Provident Bank Ballpark. Especially-given the lawsuit which the Village of Pomona is involved with and the NATION [sic] IMPLICATIONS it could have. i.e., federal law potentially being struck down as unconstitutional, just as it’s [sic] predecessor (RFA) was. Total lapse in reason and judgment. Here [sic] explanation (have the text still Rita), on medication and I’ve removed it. And if a vacancy should occur (post this village election), how could anyone in their right mind (i.e. New Mayor), consider this person as a viable candidate to fill an [sic] trustee unexpired (his), given their predisposition to making such blatant and inappropriate remarks.

(Deck of Paul Savad in Supp. of Pis.’ Mot. for Sanctions Due to Spoliation of Evidence (“Savad Suppl. Deck”) Ex. 1 (Comment) (Dkt. No. 197).)

After learning that Louie had made such remarks, Plaintiffs requested “all responsive social media posts and comments,” including Louie’s Facebook post and the text of the post the Mayor Yagel indicated that he retained. (See Savad Suppl. Deck Ex. 2 (Mar. 19, 2015 email demanding production).) Defendants responded they were unable to produce the Facebook post because Mayor Yagel did not have a copy and produced a partial copy of text messages discussing the post. (Id. Ex. 3 (Mar. 25,2015 letter from Andrea Donovan Napp to Donna Sobel, Esq. describing disclosures).) The text messages contained the following exchange:

[Mayor Yagel]: Is it your position to cause damage to the village? Someone just sen[t] me a screenshot of your Fa-cebook post!. If it is your intent to jeopardize target ... then you are succeeding and may cause us to loose! [sic] You should consider.....

[Louie]: A little over the top but I understand your anger. All taken down .and I reviewed all my accounts to make sure there are no other unfortunate mistakes. But no, I don’t think I should consider resigning.

[Mayor Yagel]: I am so angry now that my heads [sic] about to pop. Their lawyers will use everything. Remember the case in NJ where the federal judge ruled that comments made by a public official in a non official [sic] setting led him to decide potential prejudice even though there was no final ruling but based on prior witness testimony. We have, too much riding on this case for you to jeopardize it. Everything is fair game in the lawsuit. Judge Karas is watching this case ... publicly commenting on an all male [sic] gathering when it’s related to a religious entity, is not good!

(Savad Suppl. Deck Ex. 4.) Plaintiffs allege that a portion of the text message is missing after Mayor Yagel writes “[y]ou should consider,” (Pis.’ Sanctions Mem. 4), though Louie’s response at least suggests, that Mayor Yagel encouraged Louie to consider resigning, (Savad Suppl. Deck Ex. 4; see also Defs.’ Sanctions Opp’n 10 n. 11), as Mayor Yagel himself avers,-(Yagel Sanctions Deck ¶20). Plaintiffs nonetheless allege that Defendants intentionally destroyed the Facebook post, and failed to retain a complete set of the texts., (Pis.’ Sanctions Mem. 5.) 21

Plaintiffs further allege that Mayor Ya-gel lied about his preservation of this evidence when he certified, on July 3, 2013, only two months' after the exchange at issue, and in response to Plaintiffs’ inter *387 rogatories, that Defendants preserved “all potentially relevant” electronic screen images. (Pis.’ Sanctions Mem. 5; Savad Suppl. Decl. Ex. 5 at 4 (interrogatory), 19 (verification).) In response, Yagel avers that he did not think the Facebook post was relevant to the instant action. (See Yagel Sanctions Decl. ¶ 26.) 22

b. Applicable Law

“Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.” Byrnie v. Town of Cromwell Bd. of Educ., 243 F.3d 93, 107 (2d Cir.2001) (internal quotation marks omitted). While “[c]ourts cannot and do not expect that a party can meet a standard of perfection,” Pension Comm. of the Univ. of Montreal Pension Plan v. Bank of Am. Sec. LLC, 685 F.Supp.2d 456, 461 (S.D.N.Y.2010), abrogated on other grounds, Chin v. Port Auth., 685 F.3d 135 (2d Cir.2012), sanctions serve to “(1) deter[ ] parties from destroying evidence; (2) plae[e] the risk of an erroneous evaluation of the content of the destroyed evidence on the party responsible for its destruction; and (3) restor[e] the party harmed by the loss of evidence helpful to its case to where the party would have been in the absence of spoliation.” Id. at 469 (internal quotation marks omitted). A spoliation sanction is appropriate where “(1) ... the party having control over the evidence had an obligation to preserve it at the time it was destroyed; (2) ... the records were destroyed with a culpable state of mind; and (3) ... the destroyed evidence was relevant to the party’s claim or defense such that a reasonable trier of fact could find that it would support that claim or defense.” Residential Funding Corp. v. DeGeorge Fin. Corp., 306 F.3d 99, 108 (2d Cir.2002) (internal- quotation marks omitted). “[Determining the proper sanction to impose for spoliation is ‘confined to the sound discretion of the trial judge ... and is assessed on a case-by-case basis.’ ” Adorno v. Port Auth., 258 F.R.D. 217, 227 (S.D.N.Y.2009) (quoting Fujitsu Ltd. v. Fed. Exp. Corp., 247 F.3d 423, 436 (2d Cir.2001)).

c. Application

As to the first element, the duty to preserve, an obligation to preserve evidence “usually arises when a party has notice that the evidence is relevant to litigation ... ' but also on occasion in other circumstances, as for example when the party should have known that the evidence may be relevant to future litigation.” Byrnie, 243 F.3d at 107 (internal quotation marks omitted); see also Kronisch v. United States, 150 F.3d 112, 126 (2d Cir. 1998) (same). Indeed, “[w]hile a litigant is under no duty to keep or retain every document in its possession, once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a litigation hold to ensure the preservation of relevant documents.” Adorno, 258 F.R.D. at 227 (alterations and internal quotation marks omitted); see also Green v. McClendon, 262 F.R.D. 284, 289 (S.D.N.Y.2009) (describing this time as “the point where relevant individuals anticipate becoming parties in imminent litigation”); Zubulake v. UBS Warburg, LLC, 220 F.R.D. 212, 217 (S.D.N.Y.2003) (noting that the duty to preserve evidence “attache[s] at the time that litigation was reasonably anticipat *388 ed”). “Relevant documents are those that a party should reasonably know are relevant in the action, reasonably calculated to lead to the discovery of admissible evidence, reasonably likely to be requested during discovery and/or are the subject of a pending discovery request.” Adorno, 258 F.R.D. at 217 (alterations and internal quotation marks omitted).

It is clear that Defendants were under an obligation to preserve the Face-book post and related text messages as of the date of the Facebook post: May 10, 2013. This action was filed in July 10, 2007, (see Dkt. No. 1), and there was a litigation hold in place as of August 29, 2007, nearly six years before the comment at issue was posted, (see Savad Suppl. Decl. Ex. 11 (Aug. 29, 2007 letter.from Former Mayor Sanderson to village officials re: litigation hold)). The Facebook post is also subject to the litigation hold because it appears to reference a gathering of individuals with the same religious observance as the Plaintiffs in this Action, who allege that Louie, among others, discriminated against them. Indeed, Mayor Yagel’s strong reaction to the post is suggestive not only of the obligation to preserve the post and related text messages but also of their relevance.

As to the second element, culpable state of mind, “at times [the Second Circuit has] required a party to have intentionally destroyed evidence; at other times [the Second Circuit has] required action in bad faith; and at other times [the Second Circuit] has allowed an adverse inference based on gross negligence” and, accordingly, “a case by case approach [is] appropriate.” Byrnie, 243 F.3d at 107-08 ; see also id. at 109 (noting that “intentional destruction of documents in the face of a duty to retain those documents is adequate” to show a “culpable state of mind”). In other words, “the culpable state of mind factor is satisfied by a showing that the evidence was destroyed knowingly, even without intent to breach a duty to preserve it, or negligently.” Residential Funding, 306 F.3d at 108 (emphasis, alterations, and internal quotation marks omitted). 23 Gross negligence, in this context, is “the failure to exercise evep that care which a careless person would use,” Harkabi v. SanDisk *389 Corp., 275 F.R.D. 414, 419 (S.D.N.Y.2010) (internal quotation marks omitted), and “[o]nce the duty to preserve attaches, any destruction of documents is, at a minimum, negligent.” Zubulake, 220 F.R.D. at 220 ; see also Orbit One Comm’ns, Inc. v. Numerex Corp., 271 F.R.D. 429, 438 (S.D.N.Y. 2010) (“In this circuit, a culpable state of mind for purposes of spoliation inference includes ordinary negligence.” (internal quotation marks omitted)); see also Residential Funding, 306 F.3d at 108 (“[The] sanction [of an adverse inference] should be available even for the negligent destruction of documents if that is necessary to further the remedial purpose of the inference.”).

Here, the culpable state of mind element is met. Mayor Yagel clearly stated his concern about the Court or Plaintiffs learning about. Louie’s Facebook post in his comment, and in response Louie deleted the post. Indeed, rather than seek to preserve the post or any other relevant social media, Louie assured Mayor Yagel that she had “reviewed all [her] accounts to make sure there [were] no other unfortunate mistakes.” (Savad Suppl. Decl. Ex. 4.) While Defendants emphasize the fact that Mayor Yagel did riot recognize the “significance” of Louie’s statement that she had deleted the post, (see Defs.’ Sanctions Opp’n 9), neither that detail nor the fact that Mayor Yagel “continued to castigate” Louie means that Mayor Yagel did not instigate the destruction of the evidence; his tirade may have been aimed at preventing Louie from posting similar comments in the future, (id. at 9). Assuming Mayor Yagel’s concern about the post truly was rooted in his “perception that Plaintiffs would ... have[ ] twisted any incidental reference to Orthodox/Hasidic Jews into something far more nefarious,” that alone not only demonstrates that Mayor Yagel did not want Plaintiffs to obtain the Facebook post but also, as the text messages make clear, suggests that Mayor Yagel was concerned about the Court learning about the post as well. (Id. at 9-10; see also Reply Mem. of Law in Supp. of Pis.’ Mot. for Sanctions Due to Spoliation of Evidence (“Pis.’ Sanctions Reply”) 3 (Dkt. No. 205).) Thus, regardless of whether there was actually a “conspiracy” between Mayor Yagel and Louie to destroy the Facebook post, (see Defs.’ Sanctions Opp’n 10), this is the rare case where bad faith, and a clear intent to deprive Plaintiffs of the evidence at issue, is sufficiently clear from the face of the record.

As to the third element, “[t]he burden of proving that evidence would .have been relevant to a party’s claims or defense is proportional to the mens rea of the party who destroyed the evidence, and where the party destroyed the evidence due to ordinary negligence [as opposed to bad faith], the burden falls on the prejudiced party to produce some evidence suggesting that a document or documents relevant to substantiating his claim would have been included among the destroyed files.” Williams v. N.Y.C. Transit Auth., No. 10-CV-882, 2011 WL 5024280 , at *8 (E.D.N.Y. Oct. 29, ’2011) (emphasis and internal quotation marks omitted). “To satisfy this burden, the innocent party may provide sufficient evidence that would tend to show that the lost documents would have been favorable to [its] case.” Id. (internal quotation marks omitted); see also Adorno, 258 F.R.D. at 228 (“Although the burden placed on the moving party to show that the lost evidence would have been favorable to it ought not be too onerous, ... when the culpable party was negligent, there must be extrinsic evidence to demonstrate that the destroyed evidence was relevant and would have been unfavorable to the destroying party.” (citations and internal quotation marks omitted)).

*390 Because the Court has found that Defendants’ destruction of evidence was in bad faith, there is a presumption that the evidence was relevant. See Residential Funding, 306 F.3d at 109 (“Where a party destroys evidence in bad faith, that bad faith alone is sufficient circumstantial evidence from which a reasonable fact finder could conclude that the missing evidence was unfavorable to that party.”);. Chan v. Triple 8 Palace, Inc., No. 03-CV-6048, 2005 WL 1925579 , at *8 (S.D.N.Y. Aug. 11, 2005) (same). However, even if the presumption of relevance did not apply, the Facebook post and text messages are plainly relevant to Plaintiffs’ discrimination claims because any subsequent discriminatory animus may indicate a pattern of discrimination, cf. Arlington Heights, 429 U.S. at 266, 97 S.Ct. 555 (noting propriety of' considering “circumstantial” evidence and the relevance of a “pattern” of discrimination), or whether seeking a text amendment to (or variance from) the Challenged Laws would be futile, see, e.g., Westchester Day Sch. v. Vill. of Mamaroneck (“WDS II”), 504 F.3d 338, 349, 352 (2d Cir.2007) (“WDS II ’’) 24

Facebook posts are regularly produced in litigation as .evidence of a party’s thoughts and actions, see, e.g., Reid v. Ingerman Smith LLP, No. 12-CV-307, 2012 WL 6720752 , at *1 (E.D.N.Y. Dec. 27, 2012) (ordering such posts produced), and, as Plaintiffs point, out, (Pis.’ Sanctions Mem. 9), the post at issue here is responsive to Plaintiffs’ Document Request No. 53 which sought, among other things, all “documents concerning statements ... concerning Jews, Hasidic Jews[,] and Orthodox Jews[] including,, but not limited to, all blogs [and] on-line forums,” (Savad Suppl. Decl. Ex. 13). 25 In fact, Defendants previously produced a Facebook post from the day after the offending post. (See id. Ex. 15 at unnumbered 1.) 26 Likewise, the texts are responsive to Plaintiff’s Document Request No. 45, which sought, among other things “documents including ... correspondence [and] notes ... concerning communications by or with the Village Board and/or its Members ... concerning the Subject Property and/or the proposed' Rabbinical College.” (Id. Ex. 13.) Moreover, as noted above, the relevance of the evidence is confirmed by May- or Yagel’s response to the Facebook Post, particularly ‘ given he noted that it “may cause [Defendants] to loose [sic].” (Id. Ex. 4.) Accordingly, the Court finds that sanctions of some type are warranted for Der fendants destruction of—and failure to produce—this evidence. 27

*391

d. Appropriate Sanction

“[A] district court has broad discretion in crafting a proper sanction for spoliation,” which should “serve the prophylactic, punitive, and remedial rationales underlying the spoliation doctrine.” West v. Goodyear Tire and Rubber Co., 167 F.3d 776, 779 (2d Cir.1999). In so doing, “[a] court should impose the least harsh sanction that can provide an adequate remedy.” Hawley v. Mphasis Corp., 302 F.R.D. 37, 46 (S.D.N.Y.2014) (internal quo tation marks omitted); see also Regulatory Fundamentals Grp. v. Governance Risk Mgmt. Compliance, No. 13-CV-2493, 2014 WL 3844796 , at *15 (S.D.N.Y. Aug. 5, 2014) (noting that “a court should always impose the least harsh sanction that can provide an adequate remedy.”). In other words, it “should be designed to: (1) deter parties from engaging in spoliation; (2) place the risk of an erroneous judgment on the party who wrongfully created the risk; and (3) restore the prejudiced party to the same position he would have been in- absent the wrongful destruction of evidence by the opposing party.” West, 167 F.3d at 776 . ' “In determining whether to impose severe sanctions, such as the entry of a default judgment or an adverse inference instruction, the Court must assess whether the requesting party suffered prejudice as a result of the loss or withholding of evidence.” F.D.I.C. v. Horn, No. 12-CV-5958, 2015 WL 1529824 , at *15 (E.D.N.Y. Mar.>31, 2015) (internal quotation marks omitted).

Plaintiffs contend that Defendants’ behavior warrants “‘severe disciplinary measures.’ ” (Pis.’ Sanctions Mem. 14 (quoting Metro. Opera Ass’n Inc. v. Local 100, Hotel Employees & Rest. Emps. Int’l Union, 212 F.R.D. 178, 219 (S.D.N.Y. 2003)).) They argue that “[a]ny sanction short of a terminating sanction would ‘fail to account for the prejudice or'to sufficiently penalize [Defendants] or deter others,’ ” (id. at 14 (quoting Regulatory Fundamentals, 2014 WL 3844796 , at *16)), and that striking Defendants’ Answer and affirmative defenses, together with entering judgment for Plaintiffs, is “appropriate,” (id.). Plaintiffs also maintain that even if this specific instance of Defendants’ misconduct is insufficient to justify severe sanctions, considered together with Defendants’ other acts of spoliation, severe sanctions are warranted. (See id. at 15 .) Such misconduct allegedly includes failure to forensically image or preserve all electronically-stored information, failure to timely inform the individual Defendants of the litigation hold, and the deletion of comments from the minutes of a key meeting (and the failure to provide a copy of the minutes after - those comments were restored). ' (Pls.’ Sanctions Mem. 15-20.) 28

While the Court recognizes that terminating sanctions may be appropriate “if there is a showing of willfulness, bad *392 faith, or fault on the part of the sanctioned party,” West, 167 F.3d at 779 , such sanctions are most appropriate in “extreme circumstances, usually after consideration of alternative, less drastic sanctions,” id. The Court finds, therefore, that while there is bad faith here, the circumstances of the case are not sufficiently “extreme” to justify a terminating sanction, particularly in light of the fact that, as Defendants suggest, this is the only instance of clear bad faith in what has been a case involving voluminous discovery. (See Defs.’ Sanctions Opp’n 24.) Less drastic sanctions are sufficient in this case, as discussed below. See West, 167 F.3d at 780 (finding terminating sanctions were inappropriate because the district judge could have instructed the jury to presume the conclusions the spoliated evidence would have been used to establish and precluded the guilty party from offering contrary evidence).

As an alternative to terminating sanctions, Plaintiffs argue that Defendants should “be precluded from offering any evidence that Local Law 1 of 2007 and Local Law 5 of 2007 were not passed with discriminatory animus” and that “the jury should be given an averse inference instruction” on this issue. (Pis.’ Sanctions Mem. 20.) Plaintiffs also ask that Defendants be precluded from offering evidence that a text amendment would be considered or that the Defendants’ interests were not pre-textual, and that the jury should be given an adverse inference instruction on this issue as well. (See id. at 21.) Plaintiffs maintain that any lesser sanction would be insufficient. (See id. at 22.)

An adverse inference is “an extreme sanction and should not be imposed lightly.” Treppel v. Biovail Corp., 249 F.R.D. 111, 120 (S.D.N.Y.2008); Zubulake, 220 F.R.D. at 219 (“In practice, an adverse inference instruction often ends litigation—it is too difficult a hurdle for the spoliator to overcome.”). And because Plaintiffs are “free to explore at trial the issue of records being [lost], without an adverse inference charge, certainly during cross-examination or for impeachment purposes,” Horn, 2015 WL 1529824 , at *16, Defendants are likely to “feel the impact of this issue at trial in any event, even without an adverse inference,” id. Nonetheless, “[t]he sanction of an adverse inference may be appropriate in some cases involving the negligent destruction of evidence because each party should bear the risk of its own negligence.” Residential Funding Corp., 306 F.3d at 108 ; see also Linde v. Arab Bank, PLC, 269 F.R.D. 186, 204 (E.D.N.Y.2010) (precluding evidence); Zubulake v. UBS Warburg, LLC, 229 F.R.D. 422, 436-37 (S.D.N.Y.2004) (giving an adverse inference instruction for willful destruction of emails).

The Court finds such a limited sanction justified here. While, as noted above, there is sufficient evidence of bad faith to justify an adverse inference sanction, even if Defendants were only grossly negligent, such conduct is sufficient for the imposition of an adverse inference sanction. See Reilly v. Natwest Markets Grp. Inc., 181 F.3d 253 , 268-69 (2d Cir.1999) (noting that adverse inference and issue preclusion are appropriate sanctions for gross negligence, even when there is no evidence of bad faith or willfulness); Augstein v. Leslie, No. 11-CV-7512, 2012 WL 4928914 , at *5-6 (S.D.N.Y. Oct. 17, 2012) (imposing adverse inference sanction due to “at least negligent” destruction of hard drive); Chan, 2005 WL 1925579 , at *7 (“A showing of gross negligence is plainly enough to justify sanctions at least as serious as an adverse inference.”); Shaffer v. RWP Grp., Inc., 169 F.R.D. 19, 26 (E.D.N.Y.1996) (providing adverse inference sanction *393 where the defendants destroyed document without finding of willfulness or bad faith). Because Defendants concealed—and failed to disclose—the relevant Facebook post and potentially a portion of the accompanying text messages, the jury will be instructed that it may infer that the contents of the Facebook Post indicated discriminatory animus towards the Hasidic Jewish population. Defendants also will be precluded from offering evidence to rebut that specific inference,' though they can still present evidence to indicate that the Challenged Laws were not adopted for discriminatory reasons.

These sanctions are sufficient, as they give Plaintiffs the most powerful inference the jury could draw from the spoliated evidence, without rebuttal, thereby serving the remedial, punitive, and deterrent purposes of sanctions. See Kronisch, 150 F.3d at 126 (providing adverse presumption instruction); Daval Steel Prods. v. M/V Fakredine, 951 F.2d 1357 , 1366 (2d Cir.1991) (barring party from presenting evidence opposing claim at issue). Any greater sanction (with the exception of an award of fees, as discussed below)—for example, precluding any evidence- on discriminatory animus of the Challenged Laws at all—-would be functionally equivalent to a terminating sanction in this case, as discriminatory animus is one of the critical factual contentions at issue, and therefore would be “[in]congruent with the [Defendants’] degree of culpability.” See Richard Green (Fine Paintings) v. McClendon, 262 F.R.D. 284, 288 (S.D.N.Y. 2009); cf. West, 167 F.3d at 780 (suggesting. sanctions but leaving their precise form “to the sound discretion” of the district judge on remand). Indeed, because the portions of the text messages have “permitted] [Plaintiffs] to determine the substance- of the” deleted post, see Miller v. Time-Warner Commc’ns. Inc., No. 07-CV-7286, 1999 WL 739528 , at *2 (S.D.N.Y. Sept. 22, 1999) (noting that the moving party was not prejudiced because it could determine the substance of an erased writing),- an adverse inference instruction is sufficient to address any prejudice.

Plaintiffs’ request for attorneys’ fees and costs is also warranted. Attorneys’ fees and costs “may be appropriate to punish the offending party for its actions or to deter the litigant’s conduct, sending the message that egregious conduct will not be tolerated.” Doe v. Norwalk Community Coll., 248. F.R.D. 372, 381 (D.Conn.2007) (brackets and internal quotation marks omitted). Because Defendants appear to have acted in bad faith, the Court awards Plaintiffs the attorneys’ fees incurred in connection with its Motion for Sanctions. See Dorchester Fin. Holdings Corp. v. Banco BRJ S.A., 304 F.R.D. 178, 185 (S.D.N.Y.2014) (“To fully correct the prejudice to [the defendant] from [the plaintiffs] spoliation, the ,[c]ourt also orders [the defendant] to pay [the plaintiff’s] reasonable attorney’s fees and costs in connection with this spoliation dispute.”). 29

S. Plaintiff s’Rule 56.1 Statements

Local Rules 56.1(a) and (d) require that a moving party file “a separate, shorty and concise statement ... of the material facts to which the moving party contends there is no- genuine issue to be tried,” “followed by citation to evidence.” The purpose of these rules is “to streamline the consideration of summary judgment motions by freeing district courts from the need to hunt through voluminous records without guidance from the parties.” Holtz v. Rockefeller & Co., Inc., 258 *394 F.3d 62, 74 (2d Cir.2001). Accordingly, a Rule 56.1 statement “is not itself a .vehicle for making factual assertions that are otherwise unsupported in the record.” Id. For that reason, “where the record does not support the assertions in a Local 56.1 statement, those assertions [are] disregarded and the record reviewed independently.” Id.; see also Baity v. Kralik, 51 F.Supp.3d 414, 419 (S.D.N.Y.2014) (finding statements “lack[ing] citations to admissible evidence” to violate Local Rule 56.1 and Federal Rule of Civil Procedure 56); id. at *3 (disregarding facts “not supported by citations to admissible evidence in the record”). Similarly, the" Court can also disregard legal conclusions or unsubstantiated opinions in a Local Rule 56.1 statement. See Am Gen. Life Ins. Co. v. Diana Spira 2005 Irrevocable Life Ins. Trust, No. 08-CV-6843, 2014 WL 6694502 , at *1 (S.D.N.Y. Nov. 25, 2014) (“The Coürt grants [the plaintiffs] motion to' strike as to argumentative statements in the [56.1 statement] and as to purported factual statements which are unsupported by any citation to the record.”); Epstein v. Kemper Ins. Co., 210 F.Supp.2d 308, 314 (S.D.N.Y.2002) (“Statements in an affidavit or Rule 56.1 statement are inappropriate if they are not based on personal knowledge, contain inadmissible hearsay, are concluso-ry or argumentative, or, do not cite to supporting evidence.”); Simmons v. Woodycrest Ctr. for Human Dev., Inc., No. 10-CV-5193, 2011 WL 855942 , at *1 n. 1 (S.D.N.Y. Mar. 9, 2011) (disregarding portions of the defendants! Rule 56.1 statement consisting of legal conclusions or “gross distortions of the summary judgment record”).

Defendants devote nearly half of their Opposition to the contention that Plaintiffs’ Rule 56.1 Statements should be stricken or disregarded. Among other things, Defendants contend that Plaintiffs’ 56.1 Statements are “nothing short of abusive” and consist of a “voluminous compendium of assertions, accompanied, by opinion-laden declarations, that read[] more like a complaint, containing allegations, mischaracterizations, opinions[,] and legal conclusions.” (Defs.’ Opp’n 3.) Indeed, Defendants suggest that Plaintiffs filed their lengthy Rule 56.1 Statements intentionally, using their allegedly deep coffers to “outlast” the Village. {See Defs.’ Opp’n 4 (citing Savad Decl. Ex. 31 (C. Babad Dep. Tr.) 107).) . Defendants ask that the Court “us[e] its discretion to strike. Plaintiffs’ Statements] of Facts in [their] entirety or, alternatively, consider[] only those paragraphs containing truly undisputed facts, as contemplated by the Local Rules and the well-developed body of case law.” .{Id. at 5.) The Court will take up each of the flaws that Defendants identify in Plaintiffs’ Rule 56.1 Statements in turn.

First, Defendants are correct that Plaintiffs’ Rule 56.1 Statements are certainly not “short and .concise.” As Defendants point out,.Plaintiffs’ main Rule 56.1 Statement is 998 paragraphs long and is supported by 11 declarations and 370 exhibits. {Id. at 1.) Plaintiffs also submitted a Supplemental Rule 56.1 Statement at the end of their Counter Rule 56.1 Statement, sporting an additional 43 paragraphs (one of which contains 31 subparagraphs) and 88 additional exhibits. (See Pis.’ Counter 56.1; Decl. of Paul Savad in Opp’n to Defs.’ Mot. for Summ. J. (Dkt. No. 169).) Plaintiffs’ prolixity is therefore pronounced, and worsened by redundancy; many of the paragraphs in Plaintiff’s Rule 56.1 Statements are repetitive, some to the point that they are nearly identical’ to paragraphs that precede them. {Compare, e.g., Pis.’ 56.1 ¶ 489 (“Housing is required for the rabbinical college use.”) with id. ¶492 (“Providing housing on campus is critical to the success of the proposed rabbinical college program.”); id. ¶ 50 (“A *395 backlog of cases often forces Orthodox Jews involved in disputes to go to secular courts.”) ivith id. ¶631 (“The backlog in religious courts forces Orthodox and Ha-sidic Jews to go to secular courts.”)). Moreover, Plaintiffs’ Rule 56.1 Statements should likely have included more paragraphs, as Defendants are correct that some paragraphs contain multiple factual assertions, which appears to violate the spirit, if not the explicit text, of Local Rule 56.1. (See, e.g., ¶ 140 (“The Village rushed Local Law 5 through the legislative process and failed to comply with many required formalities. The resolution passing Local Law 5 of 2004 did not contain a SEQRA resolution. There were no studies for Local Law 5 of 2004. The Village does not have any records to suggest that there was a New York General Municipal Law review of Local Law 5 of 2004.”.(cita-tions omitted)).) Defendants are also correct that some of the statements appear malformed such that they are difficult to understand, (see, e.g., id. ¶¶342 (“Rita Louie, Nick Sanderson”), 384 (“This was done' despite the Village’s knowledge of RLUIPA, since at least 2004 and was proposed by the Village Board one month after Tartikov was first mentioned RLUI-PA at January, 2007 meeting.”), .whereas others appear to still contain drafting notes, (see, e.g., ¶641 (containing, as explanatory parentheticals, “good .quotes re: serving god,” “would take 50 years currently,” and “don’t live forever”))).

• Of course, Plaintiffs are correct that the mere fact that a Local Rule 56.1 statement is lengthy does not .render it in violation of the Rule, see, e.g., Capitol Records, LLC v. Vimeo, LLC, 972 F.Supp,2d 500, 509 (S.D.N.Y.2013) (denying motion to strike and finding that a “ninety-page, 403-paragraph 56.1 statement” was not “unduly lengthy in light of the numerous an complex issues raised ... and the large body of evidence”), and they attempt to justify the length of their Rule 56.1 Statements on the basis of the volume of discovery and, in particular,. “Defendants’ ‘kitchen sink’ approach” represented by their summary judgment Motion on all fourteen of Plaintiffs’ causes of action. (Reply Mem. of Law in Supp. of Pls.’ Mot. for Summ. J. (“Pls.’ Reply”) 7 (Dkt. No. 190).) Even in light of those considerations, Plaintiffs’ Rule 56.1 Statements are unnecessarily lengthy, due especially to the inclusion of redundant or incomprehensible facts, as discussed above. The Court will disregard all such repetitive or incomprehensible statements but notes that doing so does not alter the Court’s evaluation of the pending Motions. Cf. UPS Store, Inc. v. Hagan, 99 F.Supp.3d 426, 431-32 , 2015 WL 1456654 , at *l-*2 (S.D.N.Y.2015) (noting that Local Rule 56.1 is designed to “fashion a pragmatic solution aimed at advancing [the] litigation”).

Second, Defendants contend that Plaintiffs’Rule 56.1 Statements are “composed primarily of assertions that are neither relevant nor material to Plaintiffs’ summary judgment motion,” (Defs. Gpp’n 7.) Certainly, “[f]actual disputes which are irrelevant or unnecessary” to the claims at issue “will not be counted.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). Defendants contend that because Plaintiffs’ facial. challenges, by definition, do not address the application of the Challenged Laws .to Plaintiffs specifically, but rather look to the legality of the local laws themselves, “[h]undreds of ... paragraphs [that] contain statements that relate specifically to Plaintiffs’ religious practices or the hypothetical development they have broadly outlined” should be disregarded. (Defs.’ Opp’n 8-9.) As discussed in the next section, the Court finds that a least some of these factual statements—particu *396 larly as they relate to Plaintiffs’ plans for the rabbinical college and its relationship to Plaintiffs’ religious beliefs—are relevant to Plaintiffs’ facial claims. The Court therefore declines to make a blanket ruling on the relevance of Plaintiffs’ Rule 56.1 Statements, although it will, as a matter of course, not consider irrelevant facts because they are, by nature, not pertinent to the case.

Third, Defendants contend that Plaintiffs’ Rule 56.1 Statements are “replete with argument, mischaracterizations[,] [and/]or opinions to which Plaintiffs cannot reasonably have expected Defendants to agree.” (Id. at 9.) Defendants cite a list of facts Plaintiffs represented as undisputed, many of which, the Court agrees, are clearly in dispute. (See, e.g., Pis.’ 56.1 ¶¶ 580 (“The Village prohibits Plaintiffs’ religious land use ... by right or by special permit within its jurisdiction.”), 972 (“Existing Village regulations sufficiently protect the Village’s interest in the water supply.”).) The Court will not consider these .facts as undisputed,-though it declines to outline specifically which paragraphs are implicated because. Defendants have indicated their opposition to them, in their Counter Rule 56.1 Statements, meaning they are, for purposes of the instant motion, disputed.

Fourth, Defendants contend that Plaintiffs’ Rule 56.1 Statements contain improper legal conclusions. The Court agrees. (See, e.g., Pis.’ 56.1 ¶¶ 483 (“The Village is a ‘jurisdiction,’ and both the Village and the Board of Trustees are ‘governments’ under RLUIPA.”); 526 (“Shuls, libraries, courtrooms, and classrooms constitute relir gious exercise and religious land use.” (italics omitted)).) Even some of the headings to sections of Plaintiffs’ Rule 56.1 Statements contain impermissible argument or legal conclusion. (See, e.g., id. at 40 (“The Village’s Targeting of Orthodox/Hasidic Jews and Their Property.”).) As noted above, the Court will disregard such statements.

Fifth, Defendants contend that certain statements do not support the propositions for which they are asserted. The Court agrees that, in some circumstances, Plaintiffs’ claims are not supported by the evidence cited, (see, e.g., id. ¶501 (asserting that Defendants have “no facts to indicate that Plaintiffs’ religions beliefs concerning the need to live with their families áre not sincere,” citing pages of an exhibit that do not exist); id. ¶ 793 (asserting that Defendants had “no studies or reports demonstrating a need for laws regulating educational institutions in order to protect its traffic interests” and incorrectly citing Sa-vad Declaration Exhibit 312 rather than Exhibit 310 for this proposition, thé latter of which only indicates that Defendant had no “formal studies or reports establishing a need for controlling traffic” at the time) (emphasis added)), or are not' accompanied by citations to evidence at all, (see, e.g., id. ¶ 269 (containing no citation to the récord to support assertions about the campaign for the Villáge Board of Trustees)). However, as noted above, and as with any other disputed statements of material fact, the Court will consider the sources for the claims made in dueling Rule 56.1 Statements when they are disputed, rather than rely on the Rule 56.1 Statements themselves, so there is no need to separately strike or disregard these statements.

Overall, Defendants claim that the infirmities in Plaintiffs Rule 56.1 Statements have “prejudiced” them because they have had to “expend countless hours and considerable sums in order to fashion and appropriate response,” including “verify[ing] each and every one of the 998 ‘facts’ asserted.” (Defs.’ Opp’n 11-12.) Defendants accordingly ask that the Court strike or disregard the entirety of Plaintiffs’ Rule *397 56.1 Statements or, at least, “only consider those assertions that are properly included pursuant to Local Rule 56.1(a).” (Id. at 12.) -

The Court is sympathetic to Defendants’ concerns. Plaintiffs’ Rule 56.1 Statements are redundant and contrary to the letter and spirit of Local Rule 56.1. Further, Plaintiffs make little attempt to justify the length of their Rule 56.1 Statements or to respond to the other infirmities Defendants identified, except as already explained above. (Pis.’ Reply 6-9.) Rather, Plaintiffs argue that the remedy is “not ... to strike the statement, but to simply disregard the faulty sections.” (Pls.’ Reply 18 (citing, inter alia, Ross Univ. Sch. of Med., Ltd. v. Brooklyn-Queens Health Care, Inc., No. 09-CV-1410, 2012 WL 6091570 , at *6 (E.D.N.Y. Dec. 7, 2012), adopted in part by 2013 WL 1334271 (E.D.N.Y. Mar. 28, 2013)).) The Court agrees that Defendants’ proposed sanction is too severe. Accordingly, the Court will, as outlined above, disregard the portions of Plaintiffs’ Rule 56.1 Statements that are not compliant with Local Rule 56.1. The Court also denies Defendants’ request for attorneys’ fees, which is only made in passing in a footnote, (see Defs.’ Opp’n. 5 n. 10), because the Court finds that Plaintiffs’ transgressions are relatively minor. 30

A Admissibility of Declarations

a. Legal Standard for Expert Opinions

Defendants lodge several specific challenges to Plaintiffs’ experts. They contend that “[a]ll but one of Plaintiffs’ expert declarations should be stricken in their entirety, or the indicated portions disregarded, and the corresponding Statement of Fact paragraphs disregarded as well.” (Defs.’ Opp’n 12.)

An expert may offer testimony to assist the factfinder in “understanding] unfamiliar terms and concepts.” United States v. Bilzerian, 926 F.2d 1285, 1294 (2d Cir.1991). 31 Federal Rule of Evidence 702 provides that a witness qualified as an expert may only provide such testimony if

(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence to determine a fact in issue;

(b) the testimony is based on sufficient facts or data;

(c) the. testimony is the product of reliable principles and methods; and

*398 (d) the expert has reliably applied the principles and methods to the facts of the ease.

The proponent of expert testimony has the burden of establishing these elements by a preponderance of the evidence. See United States v. Cruz, 363 F.3d 187, 192 (2d Cir.2004). The district court must “ensure[ ] that an expert’s testimony both rests on a reliable foundation and is relevant to the task at hand,” Daubert v. Merrell Dow Pharm., 509 U.S. 579, 580 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), by applying the elements of Rule 702, as well as the relevance standard in Rule 401, see Amorgianos v. Amtrak, 303 F.3d 256, 265 (2d Cir.2002) (“In fulfilling this gatekeeping role, the trial court should look to the standards or Rule 401 in analyzing whether proffered expert testimony is relevant _____ and whether the proffered testimony has a sufficiently reliable foundation to permit it to be considered.” (internal quotation marks omitted)).

“Rule 26 of the Federal Rules of Civil Procedure requires all expert witnesses to submit a written report that includes a complete statement of all opinions the witness will express[,] the basis and reasons for them[,]‘[and] the facts or data considered by the witness in forming them.” Morritt v. Stryker Corp., No. 07-CV-2319, 2011 WL 3876960 , at *5 (E.D.N.Y. Sept. 1, 2011) (internal quotation marks omitted). Further, Rule 47(c)(1) “provides that a party who fails to provide information required by Rule 26(a) is not permitted to use that information . to supply evidence on a motion ... unless the failure was substantially justified or .... harmless.” Id.; see also Commercial Data Servers. , Inc. v. IBM, 262 F.Supp.2d 50, 61 (S.D.N.Y.2003) (“[A] party that without substantial justification fails to disclose information required by Rule 26(a) ... is not, unless such failure is harmless, permitted to use as evidence .... on a motion any witness or information not so disclosed”). Such a prohibition does not extend to new facts and “eviden-tiary details,” See Cedar Petrochem., Inc. v. Dongbu Hannong Chem. Co., Ltd., 769 F.Supp.2d 269, 279 (S.D.N.Y.2011). Accordingly, if a party fails to offer a satisfactory reason for failing to comply with Rule 26, that fact “weighs very strongly in favor of preclusion.” Morritt, 2011 WL 3876960 , at *6; see also Prendergast v. Hobart Corp., No. 04-CV-5134, 2010 WL 3199699 , at *5 (E.D.N.Y. Aug. 12, 2010) (finding that the “[p]laintiff had ample time for expert discovery in this case and has provided no justification for her failure to disclose the opinions in [the expert’s] affidavit with his expert report or during his deposition,” and that “[t]he opinions set forth for the first time in [the expert’s] affidavit are therefore properly stricken on this ground alone.”).

“Because the purpose of summary judgment is to weed out cases in which there is no genuine issue as to any material- fact and ... the moving party is entitled to a judgment as a matter of law, it is appropriate for district courts to decide questions regarding the admissibility of evidence on summary judgment,” where the Court must exercise this “gatekeeper” role. Raskin v. Wyatt Co., 125 F.3d 55, 66 (2d Cir.1997) (citations, footnotes, and internal quotation marks omitted). “Districts courts have broad discretion in determining how to ascertain whether proffered expert testimony is admissible.” Berk v. St. Vincent’s Hosp. and Medical Ctr., 380 F.Supp.2d 334, 351 (S.D.N.Y. 2005), Nonetheless, excluding expert testimony is a “drastic remedy,” RMED Int’l, Inc. v. Sloan’s Supermarkets, Inc., No. 94-CV-5587, 2002 WL 31780188 , at *3 (S.D.N.Y. Dec. 11, 2002), and should be used sparingly, “even when there has not *399 been strict compliance with Rule 26,” because -exclusion “may at times tend to frustrate the Federal Rules’ overarching objective of doing substantial justice to litigants.” Scientific Components Corp. v. Sirenza Microdevices, Inc., No. 03-CV-1851, 2008 WL 4911440 , at *4 (E.D.N.Y. Nov. 13, 2008).

b. Application.to Exports

Defendants first contend that the declarations prepared by Plaintiffs’ Wetlands, Traffic, Planning, and Architecture Experts—Barbara Beall (“Beall”), - William Fitzpatrick (“Fitzpatrick”), Alan Weinstein (‘Weinstein”), and Susannah Drake (“Drake”)—should be stricken because they are irrelevant to a facial challenge. (See Defs.’ Opp’n 14.)

Before proceeding to the specific challenges to each expert, two overall contentions are' worth addressing. First, as described in the next section, the Court finds Defendants’ contention that the experts’ findings “would only be relevant [to] an as-applied challengé,” (id.), to be without merit. The effect of the Challenged Laws on Plaintiffs 'is not only relevant tp them discrimination claims, but is also suggestive of the degree to which the Challenged Laws may affect other religious groups. The Court therefore denies Defendants’ relevance challenge. 32 Second, Defendants contend that the declarations at issue contain opinions not disclosed in the expert reports, as required by Rule 26. (See Defs.’ Opp’n 13-14.) In support of this claim, Defendants only identify paragraphs which they claim were not disclosed. Plaintiffs contest Defendants’ claim, arguing that “[e]ach opinion stated by the expert witnesses was disclosed to the Defendants in either the initial or rebuttal reports,” citing supporting evidence and contending that some of the supposedly new opinions just contain new facts or elaborations on previously disclosed opinions. (Pis.’ Reply 12-13 (citing Reply Deck of Paul Savad in Supp. of Pis.’ Mot. for Summ. J. (“Savad Reply Deck”) Ex. 417 (documenting disclosures) (Dkt. No. 191)).) The Court is satisfied that Plaintiffs disclosed the reports at issue and therefore denies Defendants’ Rule-26based challenge. (See, e.g., Beall Deck ¶¶, 16, 19 (discussing, in paragraph 19, Ul-man’s statement that there may be another lot in the Village that is larger than 10 acres, which is an elaboration on Beall’s previously-disclosed opinion, embodied in paragraph 16, that “there are no other available vacant lots within the Village of Pomona that could support an educational institution besides the Subject [Property]”).) •

Regarding specific expert opinions, Defendants first challenge the. Beall Declaration, Plaintiffs’ wetlands expert, on a-few grounds. First, Defendant contends that Beall discusses matters beyond her expertise, including “the Visage’s Master Plan, the utility of the SEQRA process, and the Village’s laws related to Educational Institutions and.. Dormitories.” (Defs.’ Opp’n 15. (citations omitted).) While Defendants’ discussion of this issue is rather flippant, the Court agrees that Beall does, $t times, venture past her area of expertise in her declaration. (See, e.g., Beall Deck ¶ 231 (declaring that “automotive repair schools [and] driving schools .... can be accredited by various accrediting bodies”).) The Court will disregard those statements in considering the pending Motions for Summary Judgment, with *400 out prejudice to Defendants’ renewing their Motion to Strike. See Takeda Chem. Industr., Ltd. v. Mylan Labs., Inc., Nos. 03-CV-8253 et al., 2006 WL 44053 , at *2 (S.D.N.Y. Jan. 9, 2006) (striking portions of expert’s opinion that “fall far outside the realm” of his “area of ... expertise”).

Second, Defendants contend that Beall improperly offers “legal conclusions and policy analysis.” (Defs.’ Opp’n 16.). The Court is not convinced that Beall cannot engage in “policy analysis” related to wetlands use, nor does the mere use of legal jargon, or reference to laws that govern wetlands use, render an opinion a “legal conclusion,” Therefore, the vast majority of Beall’s opinions are admissible. However, the Court will exclude any statements that cross the line from policy analysis to pure legal conclusions, such as when Beall only interprets the applicable law itself. (See, e.g,, Beall Decl. ¶¶ 113-122 (stating, and explaining, legal conclusion that the Wetlands Law was not necessary for the Village to comply with federal or statute statutory requirements); ¶ 257 (“The Village has the authority to complete an EIS review under SEQRA for an educational institutional project.”).) See Jones v. Midland Funding, LLC, 616 F.Supp.2d 224, 227 (D.Conn.2009) (“An expert should not be permitted to express an opinion that is merely an interpretation of federal statutes or regulations, as that is the sole province of the [c]ourt.” (brackets and internal quotation marks omitted)). This holding is again without prejudice to Defendants’ renewing their Motion To Strike.

Third, Defendants contend that the Beall Declaration “should be stricken or disregarded in substantial part because it is based on speculation and/or lacks any reliable methodology.” (Defs.’ Opp’n 16.) Defendants allege, more specifically, that Beall “makes sweeping statements with little or no support,” and “purports to apply methodologies that are unreliable at best,” e.g., identifying wetlands by looking at aerial photos and maps. (Defs.’ Opp’n 17.) While the Court will consider the evidence cited—which properly may, as Plaintiffs point out, be personal knowledge, (see Pis.’ Reply 11); see also Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 150 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999) (noting that expert testimony may be based on “personal knowledge or experience”)—to assess the probative value of Beall’s testimony, Defendants’ fleeting challenge to Beall’s conclusions and methodology, without evidence or support for that challenge beyond citation to a couple of paragraphs in the Beall Declaration, is unsubstantiated. See Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 749 F.Supp.2d 130, 132 (S.D.N.Y.2010) (denying motion for summary judgment in part because challenge to expert’s methods consisted of “nothing more than attorney argument,” and the “defendants did not offer the opinion of a single expert discrediting or easting doubt on [the expert’s] methodology”). Further, given Beall has identified support for her conclusions throughout her report, the Court finds that her opinions are admissible, and that Defendants’ objections, at best, go to weight. See Amorgianos, 303 F.3d at 267 (“Where an expert otherwise reliably utilizes ... methods to reach a conclusion, lack of textual support may go to the weight, not the admissibility^] of the expert’s testimony.”); Cohalan v. Genie Indus., Inc., No. 10-CV-2415, 2013 WL 829150 , at *5 (S.D.N.Y. Mar. 1, 2013) (“ ‘Disputes as to the strength of [an expert’s] credentials, faults in his use of different etiology as a methodology, or lack of textual authority for his opinion, go to the weight, not the admissibility of his testimony.’” (quoting McCullock v. H.B. Fuller Co., 61 F.3d 1038, 1044 (2d Cir. 1995))); Quiles v. Bradford-White Corp., *401 No. 10-CV-0747, 2012 WL 1355262 , at *3 (N.D.N.Y. Apr. 18, 2012)' (“‘[G]aps or inconsistencies’ in an expert’s reasoning, or arguments that an expert’s conclusions are wrong, ‘go to the weight of the evidence, not to its admissibility.’'”) (quoting Campbell v. Metro. Prop. and Cas. Ins. Co., 239 F.3d 179, 186 (2d Cir.2001)); CIT Group/Bus. Credit, Inc. v. Graco Fishing and Rental Tools, Inc., 815 F.Supp.2d 673, 676 (S.D.N.Y;2011) (“Questions about the ... sufficiency of the evidence upon which the expert relied ... are for cross-examination.”); see also MBIA Ins. Corp. v. Patriarch Partners VIII, LLC, No. 09-CV-3255, 2012 WL 2568972 , at *15 (S.D.N.Y. July 3, 2012) (“Indeed, most objections to expert testimony are related only to the weight of the evidence, not its admissibility.”). Accordingly, Defendants’ Motion to Strike the Beall Declaration is denied in its entirety without prejudice.

Defendants next challenge the Declaration of Fitzpatrick, Plaintiffs’ traffic expert. According to Defendants, Fitzpatrick’s opinions are “entirely unsupported” because Plaintiffs’ rabbinical college is hypothetical, and because Plaintiffs “have not provided any site plans, estimated traffic volumes, attendance or population estimates!,] or any other information that might in some way substantiate his analysis.” (Defs.’ Opp’n 17.) Defendants provide no support for the contention that Fitzpatrick is required to rely on previously provided reports on traffic volumes and population estimates, nor do they levy specific challenges to the particular conclusion that Fitzpatrick draws. See Astra Aktiebolag v. Andrx Pharm., Inc., 222 F.Supp.2d 423, 491 (S.D.N.Y.2002) (denying motion to strike portions of expert’s testimony and report because “[pjursuant to Rule 703, an expert may rely on any facts or data ‘of a type reasonably relied upon by experts in the particular field,’ including facts, data, and opinions that are otherwise inadmissible. There is no requirement that an expert ' must run his own tests.”). Moreover, Fitzpatrick’s opinions appear to be, for the most part, supported. (See, e.g., Decl. of William D; Fitzpatrick ¶¶35 (citing aerial view of intersection in support of its description), 49 (noting that “the basis in professional traffic engineering for estimating traffic generation for a site . ■.. is the proper application of the' Institute of Transportation Engineering (ITS) published database”), 54 (describing ITS database methodology); 120-173 (describing University/College ITS database reference, and assessing traffic impact under a variety of conditions) (Dkt. No. 152).) The Court accordingly denies Defendants’ Motion- to Strike the Fitzpatrick Declaration, without prejudice. "

Defendants also challenge the Declaration of Weinstein, Plaintiffs’ planning expert, “because it contains conclusions of law, eonclusory expert opinions not supported by appropriate evidence, expert opinions not previously disclosed ...., and opinions not relevant to a facial challenge.” (Defs.’ Mem. 18) The Court agrees in part.- While the Court finds that Weinstein’s opinions were previously disclosed, even if they have changed slightly from their initial form, (see Defs.’ Opp’n Ex. D (noting, for example, that Weinstein’s initial expert report indicated that 38 New York jurisdictions have an accreditation requirement, and that Weinstein’s Declaration changed that number to five)); see also Newell Puerto Rico, Ltd. v. Rubbermaid Inc., 20 F.3d 15, 22 (1st Cir.1994) (finding that “[i]t is not unusual for experts to make changes in their opinions and revise their analyses and .reports frequently in preparation for, and sometimes even during, a trial”), and that, as dis *402 cussed below, Weinstein’s opinions that are specific to the proposed rabbinical college are still relevant to Plaintiffs’ facial challenge, (see, e.g., Deel. of Alan C. Weinstein ¶ 34 (Dkt. No. 143) (noting that dormitory-space is especially important for the proposed rabbinical college because “of the length, of the program of instruction”), the declaration does contain several unsupported opinions and improper legal conclusions. For example, with respect to the former, Weinstein’s discussion of the proposed rabbinical college’s “focused curriculum and mode of instruction” only cites unidentified “information .,. received from Michael Tauber.” (Id. 129)). With respect to legal conclusions, Weinstein improperly determines that the Challenged Laws prohibit the construction, of a rabbinical college, (see, e.g., id. 110 (concluding that the Accreditation Law “totally ex-elude[s]”. “an unaccredited [r]abbinical [cjollege”)) and defines an “accessory use” as “one that is subordinate and incidental to the primary use,” (id. ¶ 50). The Court will disregard such unsupported statements or legal conclusions. Once again, this ruling is without prejudice to Defendants’ renewing their Motion to Strike.

Defendants also challenge the Declaration of Drake, Plaintiffs’ Architecture expert, arguing that it “fails to meet the required evidentiary standards under Daubert.” (Defs.’ Mem. 19.) Defendants specifically contend that the Drake Declaration “gives no indication that [Drake] has ever had any experience ... with a rabbinical college, a Torah Community, or, for that matter, any type of religious institution of. higher education,” and that she also “has no idea of the nature, size, shape, capacity[,] or intended location of any of the structure that Plaintiffs intend to build at the subject site,” and if the proposed rabbinical college is at all comparable to the universities she uses as comparators. (Id. at 20-21.) The Court disagrees. While Defendants are correct that Drake has no information about the exact plans for the rabbinical college, it is entirely within the scope of her expertise to opine, based on her knowledge of the field and her investigation of the Subject Property, on ways in which .the community impact of a rabbinical college may be minimized. Indeed, two of the paragraphs that Defendants specifically identify as flawed proceed in precisely this way; Drake opines that a rabbinical college can be built in a way that is. sensitive to the surrounding community, (see Declaration of Susannah C. Drake 1Í15 (Dkt. No. 154)),- and provides examples of how that can be achieved, e.g., by using building materials that, blend into the surrounding landscape, (see id. ¶ 21). Accordingly, the Court will not strike the Drake Declaration on this basis, without prejudice to Defendants’ renewing their Motion to Strike.

c. Tauber Declaration

Relatedly, Defendants challenge the Declaration of M.. Tauber, “Tartikov’s principal,” on several grounds, including relevance and the inclusion of opinion testimony, information beyond Tauber’s personal knowledge, and legal conclusions. (Defs.’ Mem. 22-23.) The same standards with regard to legal conclusions and opinions apply to his Declaration, and personal knowledge is required for admissibility. See DiStiso v. Cook, 691 F.3d 226, 230 (2d Cir.2012) (“[W]here a party relies on affidavits ... to establish facts, the statements ‘must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant ... is competent to testify on the matters stated.’” (quoting Fed.R.Civ.P. 56(c)(4)) (citing Fed.R.Evid. 602)); Sellers v. M.C. Floor Crafters, Inc., 842 F.2d 639, 643 (2d Cir.1988) (“Rule 56 requires a motion for summary judgment to be sup *403 ported with affidavits based on personal knowledge.”); Baity, 51 F.Supp.3d at 419 (disregarding “statements not based on [the] [plaintiff’s personal knowledge”); Flaherty v. Filardi, No. 03-CV-2167, 2007 WL 163112 , at *5 (S.D.N.Y. Jan. 24, 2007) (“The test for admissibility is whether a reasonable trier of fact could believe the witness had personal knowledge.” (internal quotation marks omitted)).

While the relevance challenge is meritless for- the reasons discussed below, Defendant is correct that there are inadmissible statements in the Tauber Declaration. It contains statements that are unsupported by personal knowledge, (see, e.g., Tauber Deck ¶ 7 (Dkt. No. 148) (“Every student who will attend the [rabbinical college is compelled by his religious beliefs to pursue this study.”)), statements that are unhelpful lay opinion, (see id. ¶ 14 (“I know that there is a great shortage of qualified rabbinical judges who can resolve issues according to the true meaning of our religious laws.”)), and statements that are improper legal conclusions, (see id. ¶41 (explaining that the process for “a zone/text amendment or variance ... is a long and discretionary process”)). • The Court will disregard such statements, but otherwise not strike the Declaration. This ruling is, once again, without prejudice to Defendants’ refiling their Motion to Strike.

5. Governing Standards for a Facial Challenge

As the Court previously noted, “[fjacial invalidation is, manifestly, strong medicine that has been employed by [courts] sparingly and only as a last resort,” wherein a plaintiff has a “heavy burden in advancing her claim.” Nat'l Endowment for the Arts v. Finley, 524 U.S. 569, 580 , 118 S.Ct. 2168 , 141 L.Ed.2d 500 (1998) (internal quotation marks omitted); see also Cranley v. Nat'l Life Ins. Co. of Vt., 318 F.3d 105 , 110 (2d Cir.2003) (“A plaintiff making a facial claim faces an uphill battle because it is difficult to demonstrate that the mere enactment of a piece of legislation violates, the plaintiffs constitutional rights.”). The oft-cited standard for facial challenges is derived from dicta in United States v. Salerno, 481 U.S. 739 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987), wherein Chief Justice Rehnquist wrote that “the challenger must establish that no set of circumstances exists under which the [challenged law] would be valid.” Id. at 745 , 107 S.Ct. 2095 . Defendants spill substantial ink pressing the Salerno formulation in their briefing, arguing that Plaintiffs need to show that the Challenged Laws are unconstitutional “in all applications.” (Defs'.’ Mem. 7); see also Defs.’ Opp’ri 1 (“It is well-established that the inquiry in a facial challenge, as opposed to an as-applied challenge, is whether the challenged provisions are ever capable of constitutiorial application.”); id. at 8 (“Rather, the crux of the inquiry in this straightforward facial challenge is whether the challenged laws can ever be capable of constitutional application.”). It is for this reason that Defendants often contend that Plaintiffs’ “religious practices” and “the specifications of their still-hypothetical rabbinical college” are “immaterial and irrelevant,” (Defs.’ Opp’ri 1); see also id. at 9 (contending that facts about “Plaintiffs’ religious practices or the hypothetical development they have broadly outlined” are “not relevant or material to the discussion, which should focus on the circumstances surrounding the consideration and passage of the Code Provisions.”), arguing that facial challenges “do not take into account the facts and circumstances of particular plaintiffs,” (id. at 8). Defendants do recognize an exception for facial challenges made pursuant to the Free Exercise Clause, “when a facially neutral, law tar *404 gets a particular religious entity,” (id. (citing, inter alia, Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520, 544 , 113 S.Ct. 2217, 124 L.Ed.2d 472 (1993))), but they argue that such exception does not apply in this case, (id.; see also id. at 24 (“The Lukwmi exception to the entrenched facial challenge doctrine has no purchase [sic] in this case because none of the challenged laws burden Plaintiffs’ hypothetical plan and they do not burden other developers’ actions, religious or not.”)).

As this Court previously explained, Defendants are correct that “[a] facial challenge is one that addresses not the application of an ordinance to a particular set of plaintiffs, but the legality of the ordinance itself.” Tartikov, 915 F.Supp.2d at 611 (brackets, alterations, and internal quotation marks omitted). And, despite criticism among commentators and some courts, there is a substantial body of case law that indicates the Salerno standard remains controlling, at least insofar as the standard’s inverse is true: a law must have a “plainly legitimate sweep” to be constitutional. See, e.g., Wash. State Grange v. Wash. State Republican Party, 552 U.S. 442, 449 , 128 S.Ct. 1184 , 170 L.Ed.2d 151 (2008) (applying this standard); United States v. Decastro, 682 F.3d 160, 168 (2d Cir.2012) (noting that a party making a facial challenge must show that “no set of circumstances exists under which the statute would be valid, i.e., that the law is unconstitutional in all of its applications, or at least that it lacks a plainly legitimate sweep” (internal quotation marks and brackets omitted)); see also United States v. Booker, 543 U.S. 220, 275 , 125 S.Ct. 738 , 160 L,Ed.2d 621 (2005) (“[I]t is abundantly clear that the fact that a statute, or any provision of a statute, is unconstitutional in a portion of its applications does not render the statute or provision "invalid _”).

However, there are exceptions to the Salerno standard. First, it plainly does not apply to First Amendment claims. See United States v. Farhane, 634 F.3d 127, 138-39 (2d Cir.2011) (acknowledging that the Salerno standard is not be applicable to First Amendment claims); Lerman, 232 F.3d at 144 (“Salerno, however, does not apply to this case, in which the plaintiffs assert the violation of rights protected by the First Amendment.”); see also Finley, 524 U.S. at 580 , 118 S.Ct. 2168 (“To prevail [on a facial challenge], respondents- must demonstrate a substantial risk that application of the provision will lead to the suppression of speech.”). Second, in its 2013 Opinion and Order, the Court found that the Salerno line of cases is distinguishable from the instant case because no case in the Salerno line “involved allegations of discriminatory animus grounded in race or religion.” Tartikov, 915 F.Supp.2d at 613 n. 18. Thus, the Court noted that the Salerno test would- be met if the Challenged Laws violate Plaintiffs’ Equal Protection or Free Exercise rights because “a law that violates the Equal Protection Clause or the Free Exercise Clause will be invalid when applied under any conceivable circumstance, even if it can be justified by a conceivably benign motive.” Id. 33 This *405 ruling is law of the case, see Brentwood Pain & Rehab. Servs., P.C. v. Allstate Ins. Co., 508 F.Supp.2d 278 , 288 (S.D.N.Y. 2007) (citing In re PCH Assocs., 949 F.2d 585 , 592 (2d Cir.1991)); see also United States v. Plugh, 648 F.3d 118, 123 (2d Cir.2011)- (explaining that “[a]s a general matter ... [a court should] adhere to its own decision at an earlier stage of the litigation” (internal quotation marks omitted)), and Defendants have failed to point to any “extraordinary circumstances” justifying its reconsideration, see N. River Ins. Co. v. Phila. Reins. Corp., 63 F.3d 160 , 165 (2d Cir.1995) (noting that a court should be “loathe to revisit an earlier decision in the absence of extraordinary circumstances” (internal quotation marks omitted)); Bellezza v. Holland, No. 09-CV-8434, 2011 WL 2848141 , at *3 (S.D.N.Y. July 12, 2011) (defining extraordinary circumstances as “cogent or compelling reasons not to [follow the earlier decision], such as an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error to prevent manifest injustice” (internal quotation marks omitted)). Further, there is ample precedent supporting the Court’s ruling, including some cases suggesting that Salerno is no longer the governing standard for facial challenges at all. See City of Chicago v. Morales, 527 U.S. 41 , 54 n. 2, 119 S.Ct. 1849 , 144 L.Ed.2d 67 (1999) (plurality opinion) (“To the extent we have articulated a clear standard for facial challenges, it is. not the Salerno formulation, which has never been the decisive factor in any decision of this Court, including Salerno itself ...”); Farrell v. Burke, 449 F.3d 470 , 496 n. 12 (2d Cir.2006) (“[I]t appears that the Supreme Court might decline to apply the ‘imper-missibly vague in all applications’ standard for facial challenges wherever fundamental rights are at stake, not merely in those cases where First Amendment rights are at stake.”); accord Doe v. City of Albuquerque, 667 F.3d 1111, 1124 (10th Cir. 2012) (“The idea that the Supreme Court applies the ‘no set of circumstances’ test to every facial challenge is simply a fiction, readily dispelled by a plethora of Supreme Court authority.” (collecting cases)); A Woman’s Choice-East Side Women’s Clinic v. Newman, 305 F.3d 684, 687 (7th Cir.2002) (finding that the Salerno test is a “suggestion” and that it “must give way” to more recent Supreme Court precedent (internal quotation marks omitted) (citing, inter alia, Stenberg v. Carhart, 530 U.S. 914 , 120 S.Ct. 2597 , 147 L.Ed.2d 743 (2000))); cf. United States v. Frandsen, 212 F.3d 1231 , 1235 n. 3 (11th Cir. 2000) (explaining that the Salerno test “has- been subject to a heated debate ift the Supreme Court, where it has hot been consistently followed”); Inturri v. City of Hartford, 365 F.Supp.2d 240 , 253 n. 13 (D.Conn.2005) (“Although in some limited situations a facial challenge to a statute that does not implicate the First Amendment may be brought, there is considerable disagreement as to what standard would be applied.”). 34 But see S.D. *406 Myers, Inc. v. City and Cty. of S.F., 253 F.3d 461 (9th Cir,2001) (“While we have held that Casey overruled Salerno in the context of facial challenges to abortion statutes, we will not reject Salerno in other contexts until a majority of the Supreme Court clearly directs us to do so.” (citation and internal quotation marks omitted)); United States v. Arzberger, 592 F.Supp.2d 590, 599 (S.D.N.Y.2008) (noting that Salerno , despite criticism, remains “the basis for evaluating facial, constitutional challenges in the Second Circuit”).

Third, in the context of the Free Exercise Clause, despite Defendants’ claim to the contrary, Church of the Lukumi Babalu Aye, Inc. v. City Hialeah, 508 U.S. 520 , 113 S.Ct. 2217 , 124 L.Ed.2d 472 (1993), offers an alternate, directly applicable standard to apply, as it provides that “government, in pursuit of legitimate interests, cannot in a selective manner impose burdens on conduct motivated by religious belief.” Id. at 543 , 113 S.Ct. 2217 . See also Cent. Rabbinical Congress v. N.Y. City Dep’t of Health & Mental Hygiene, 763 F.3d 183, 196 (2d Cir.2014) (“But where some purposeful and exclusive regulation exists—where the object of the law is itself the regulation of religious conduct—the law is subject- .to heightened scrutiny, and not to rational basis review.”); Commack Self-Serv. Kosher Meats, Inc. v. Hooker, 680 F.3d 194, 202 (2d Cir.2012) (applying this standard to a facial challenge under the Free Exercise Clause). Accordingly, Salerno is not the appropriate standard to apply here.

More generally, based on broader principles of constitutional analysis, Plaintiffs’ experience is also appropriately the backbone of their constitutional claims. In general, “[t]he proper focus of constitutional inquiry is the group for whom the law is a restriction.” Planned Parenthood of SE Pa. v. Casey, 505 U.S. 833, 894 , 112 S.Ct. 2791 , 120 L.Ed.2d 674 (1992); see also Al Falah Ctr. v. Twp. of Bridgewater, No. 11-CV-2391, Slip Op. at 12-14 (D.N.J. Sept. 30, 2013) (denying summary judgment to the defendants on First- and Fourteenth Amendment facial challenges based on the challenged law’s impact on the plaintiff and the defendant’s motivation for passing that law). Here, the effect of the Challenged Laws on Plaintiffs is relevant to determining whether the Challenged Laws were discriminatory under the Equal Protection Clause and/or targeted at religious practice under Luhwmi (and the Free Exercise Clause), and may be suggestive of the effect they have on other religious groups. Moreover, given the Court “must be careful not to go beyond the statute’s facial requirements and speculate about ‘hypothetical’ or ‘imaginary’ cases,” Wash. State Grange, 552 U.S. at 449-50 , 128 S.Ct. 1184 , Plaintiffs’ experience is especially important as a source of evidence on the constitutionality of the Challenged Laws, see Doe, 667 F.3d at 1123-24, 1127-28 (analyzing, in the context of a facial challenge, the particular circumstances of the plaintiffs and noting that it is proper to “appl[y] the appropriate constitutional test to the restriction at issue,” rather than “conjur[ing] up whether or not there is a hypothetical situation in which application of the statute might be valid”); Cty. Concrete Corp. v. Town of Roxbury, 442 F.3d 159 , 167 (3d Cir.2006) (finding allegations that the defendant township “knew exactly how [the] appellants intended to use their land and passed [an] [ordinance specifically tailored to prevent that use” to constitute a ripe facial challenge to that ordinance); Dibbs v. Hillsborough Cty., 67 F.Supp.3d 1340, 1349-50 (M.D.Fla.2014) (“A property owner makes a facial challenge by claiming that a municipality knew . exactly how he intended to use his property and passed an ordinance specifically tailored to prevent that use.” (internal quotation marks omit *407 ted)); Cornell Cos., Inc. v. Borough of New Morgan, 512 F.Supp.2d 238, 258 (E.D.Pa. 2007) (“The basis of an EPC facial challenge is that the mere enactment of the ordinances violates the EPC because it treats the. plaintiff s property differently than other similarly situated landowners.”).

Of course, this does not mean that an extended discussion of Jewish Law, -the nature of a Torah Community, or the Congregation’s history, among other things, necessarily are dispositive in this case. As discussed above, the unwieldiness of Plaintiffs’ Rule 56.1 Statement is' partially due to the repetitive inclusion of facts of this sort, which may or may not even be relevant to an as-applied challenge. Nonetheless, Defendants err in their wholesale dismissal of facts specific to Plaintiffs’ experience, because it is that experience that may be the only Way for the Court or a fact-finder to determine whether the Challenged Laws are facially constitutional.

6. Equal Protection (Claim If)

In their Fourth Claim, Plaintiffs allege that Defendants have violated the Equal Protection Clause of the Fourteenth Amendment. (See, SAC ¶¶ 260-63.) The Equal Protection Clause “is essentially a direction that all persons similarly situated should be treated alike.” City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439 , 105 S.Ct. 3249 , 87 L.Ed.2d 313 (1985); see, also Harlen Assocs. v. Inc. Vill. of Mineola, 273 F.3d 494, 499 (2d Cir.2001) (same).- “Plaintiffs challenging ... facially neutral laws on equal protection grounds bear the burden of .making out a-prima facie ease of discriminatory purpose.” Pyke v. Cuomo, 567 F.3d 74, 78 (2d Cir.2009); see also Tartikov, 915 F.Supp.2d 574, 614 (“To -prove an equal protection violation, claimants must prove purposeful discrimination by a government actor, directed at a suspect class, such as a racial group, or a religion.” (citations and internal, quotation marks omitted)). If Plaintiffs make such, a showing,, the government action at issue is “subject to strict judicial scrutiny,” such that .the law may be upheld only if it “furthers]' a compelling state interest and [is] narrowly tailored to accomplish [that] purpose.” Pyke, 567 F.3d at 77 .

Plaintiffs may establish an equal protection violation by identifying (1) “a law that expressly classifies on the basis of race,” (2) “a facially neutral law or policy that has been applied in an unlawfully discriminatory manner,” or (3) “a facially neutral [law or] policy that has an adverse effect and that was motivated by discriminatory animus.” Id. As the Court previously held, Plaintiffs rely on the third method here. See Tartikov, 915 F.Supp.2d at 615 ; see also Jana-Rock Constr., Inc. v. N.Y.S. Dep’t of Econ. Dev., 438 F.3d 195 , 204 (2d Cir.2006) (noting that the Equal Protection Clause is violated, unless justified by strict scrutiny, when government action is “motivated by discriminatory animus and its application results in discriminatory effect” (citations omitted)),

a. Discriminatory Purpose

“Discriminatory purpose implies that the decisionmaker ... selected or reaffirmed, a particular course of action at least in part because of, not merely in spite of, its adverse effects upon an identifiable group.” Hayden v. Cty. of Nassau, 180 F.3d 42, 50 (2d Cir.1999) (internal quotation marks omitted). Though the desire .to discriminate need not be the sole motivating factor, see Vill. of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 265 , 97 S.Ct. 555 , 50 L.Ed.2d 450 (1977) (“Rarely can it be said that a legislature or administrative body operating *408 under a broad mandate made a decision motivated solely by a single concern, or even that a particular purpose was the ‘dominant’ or ‘primary1 one.”), a plaintiff will only “be permitted to take his case to trial if he proffers evidence that strongly indicates that discrimination was a significant reason for a public body’s actions and the defendant body, or its members, fails to counter that evidence with its own clear evidence that a majority acted with permissible motives,” Cine SK8, Inc. v. Town of Henrietta, 507 F.3d 778, 786 (2d Cir. 2007). “Determining whether invidious discriminatory purpose was a motivating factor demands a sensitive inquiry into such circumstantial and direct evidence of intent as may be available.” Arlington Heights, 429 U.S. at 266 , 97 S.Ct. 555 (internal quotation marks omitted). In assessing discriminatory intent in the land use context, courts consider “the series of events leading up to a land use decision, the context in which the decision was made, whether the decision or decision-making process departed from established norms, statements made by the decision-making body and community members, reports issued by the decisionmaking body, whether a discriminatory impact was foreseeable, and whether less discriminatory avenues were available.” Chabad Lubavitch of Litchfield Cty., Inc. v. Litchfield Historic Dist. Comm’n, 768 F.3d 183, 199 (2d Cir.2014); see also id. (“Discriminatory intent may be inferred from the totality of the circumstances,” including “historical background” and “contemporary statements made by the decision-making body,” or “by showing that animus against the protected group was a significant factor in the position taken by the municipal decision-makers themselves or by those to whom the decision-makers were knowingly responsive.”); LeBlanc-Sternberg v. Fletcher, 67 F.3d 412, 425 (2d Cir.1995) (same); United States v. Yonkers Bd. of Educ., 837 F.2d 1181 , 1221 (2d Cir.1987) (explaining that “[ijntent to discriminate may be established in a number of ways,” and may be “inferred from the totality of the relevant facts,” including “historical background ... particularly if it reveals a series of official actions taken for invidious purposes; [and] the specific sequence of events leading up to the challenged decision, such as zoning changes for a given site enacted upon ... learning of [the plaintiffs] plans for ... construction” (alterations and internal quotation marks omitted) (quoting Arlington Heights, 429 U.S. at 267-68 , 97 S.Ct. 555 )). However, Plaintiffs cannot rely on mere conclusory allegations to establish this element of their Equal Protection claim. See Tiraco v. N.Y.S. Bd. of Elections, 963 F.Supp.2d 184 (E.D.N.Y.2013) (“[The] [plaintiffs conclusory allegations likewise fail to state a viable Fourteenth Amendment equal protection claim.”); 33 Seminary LLC v. City of Binghamton, 869 F.Supp.2d 282, 310 (N.D.N.Y.2012) (finding the plaintiffs allegations insufficient because they were “wholly conclusory”).

There is ample evidence in the record to make the question of discriminar tory purpose a disputed fact. First, there is the timing of the Challenged Laws. With regard to the Accreditation Law, the relevant provisions of which were adopted in January 2001 and amended in September 2004, while the Parties dispute exactly what the nexus of the relevant local laws was, they agree that, in January 2000, the Village Planner circulated memos entitled “Proposed Primary School and Pre-School ([Yeshiva Spring Valley] Pomona) and the Village Zoning Regulations regarding Schools,” recommending that the Village adopt zoning laws for schools, which were otherwise “scant.” (Pis.’ 56.1 ¶¶ 123-24.) Mayor Marshall at the time stated, in the context of the Accreditation Law, that *409 “[t]hey[ ],” presumably the Orthodox Jews behind the Yeshiva, “[are] going' to come in and we’re going to be caught with our pants , down if we don’t move.” (Pis.’ 56.1 ¶ 126 (citing Savad Decl. Ex, 3 (Marshall Tr.) 96-98).) Additionally,- in 2004, the year that the Accreditation Law was amended, Yeshiva Spring Valley had its tax-exempt status denied for the first time, the Congregation purchased the Subject Property, and the Village participated in a lawsuit filed to challenge Ramapo’s adoption of the ASHL. (Pis.’ 56.1 ¶¶ 4, 99, 138, 324, 360; Defs.’ 56.1 ¶¶ 138.) Moreover, while Ulman indicated that the Accreditation Law was passed to “strengthen the Village’s control over schools,” (Pis.’ 56.1 ¶ 144; Defs.’ Counter 56.1 ¶ 144), since 2001 there have been no schools or higher education' institutions of any kind in the Village, (Pis.’ 56.1 ¶ 143). Also in 2004, the Village passed a' resolution noting that the Board of Trustees “opposes in the strongest possible terms any public officials who abdicate their responsibility of office by placing the politics of spécial interest groups and individual developers ahead of the best interest of the people they are committed to serve.” (Savad Decl. Ex. 179 (Jan. 26, 2004 Board of Trustees meeting minutes), at 2-3) Ulman admitted that Orthodox Hasidic Jews are one such special interest group. (See Savad Decl. Ex. 15 (Ulman Decl.) 979.) Therefore, even if Defendants were not. aware until November of 2004 that the Congregation had purchased the Subject Property and that it would be used for a rabbinical college, (see Pis.’ 56.1 ¶¶ 148^19), the evidence suggests that Defendants were at least aware of the growth of Orthodox/Hasidic community in Ramapo prior to that time, and that this community -may have sought to expand in the Village ' through educational institutions, at the timé of the passage of the relevant' portions of the Accreditation Law in January 2001, as-amended in September 2004.

With regard, to the Dormitory Law, the .relevant provisions of which were adopted in September 2004 and January 2007 at the aforementioned January 22, 2007 meeting,. Mayor Marshall reported that there was “a hostility” among attendees “engendered from [an] article in The Journal News regarding the Tartikov project,” (Pis.’ 56.1 ¶ 161 (citing Savad Decl. Ex. 3 (Marshall Tr.) 176 (“There were several meetings during my time that were nasty, this was , one of them”)); Defs.’ Counter 56.1 ¶ 161; see generally Savad Decl. Ex. 78 (Jan. 22, 2007 Meeting Transcript).) 35 One meeting attendee noted that he or she had heard that the Congregation’s proposal was for “rabbinical students and their families,” and sought a way prevent institutions from being “flooded with family members and children, and all of that sort.” (Id. at 69-70 (emphasis added).) Mayor Marshall indicated, in response, that the “[accessory use” provision of the Dormitory Law “addresses that to some degree.” (Id. at 71.) Another meeting attendee, who appears to live just outside the Village, stated, in reference to the Congregation’s apparent plan, that “[e]veryone should understand that this is not going to happen, and we’re not going to let it happen. Let’s stop it now. [Multiple shouts of ‘Stop it now!’] Their counsel is here to • protect their interests. We’re here, the people who live in this village', to protect our interests, okay.” *410 (Id. at 21.) Yet another attendee specifically indicated that because the rabbinical college “would entirely change the character . [and] polities of the village — there has to be a solution through the zoning laws that prohibits such a large number of people being within one property, and one institution." (Id. at 10.) 36 Therefore, the evidence at the very least indicates that the Dormitory Law was passed at a time at which there was great hostility towards the Orthodox Jews in the community or, at*the very least, hostility to the construction of a large school- of the type that Plaintiffs sought, namely one with on-campus family housing.

The Wetlands Law, the relevant provisions of which were adopted in April 2007, was first considered at the aforementioned January 22, 2007 meeting. (Pis.’ 56.1 ¶ 173; Defs.’ Counter 56.1 ¶ 178.) The Village did not conduct any studies prior to the adoption of the law to determine where the Village’s wetlands were, what threats they faced, or how best to protect them, (Pis.’ 56.1 ¶ 190); Defs.’ Counter 56.1 ¶ 190, though Mayor Marshall was generally aware of the existence of Wetlands on the-Subject Property at the time, (Pis.’ 56.1 ¶ 180; Defs.’ Counter 56.1 ¶180). Nonetheless, between the January meeting and the passage of the Wetlands. Law, Trustees Sanderson, Louie, and Yagel indicated in campaign materials that voters needed to “stand up to the threat” that the Congregation posed, further stating “[y]ou need to vote for a team that is prepared to stand up to this threat of using the fundamentally unfair RLUIPA statute as a hammer against our village.” (Pis. 56.1 ¶ 275; Defs.’ Counter 56,1 ¶ 275.) Trustee Sand-erson also specifically indicated in a campaign video that' the rabbinical college “could completely change the village and the make-up of the village,” (Pis.’ 56.1 ¶279 (citing Savad Decl. 17 (Sanderson Tr.) 125-128); Defs.’ Counter 56.1 ¶279), and each candidate also more generally campaigned on a platform to “keep Pomona Pomona,” which Trustee Louie indicated meant to “keep Pomona the village that it is and not change it,” (Pis.’ 56.1 ¶ 294 (citing Savad Decl. Ex. 9 (Louie Tr.) 156)). In fact, the campaign materials for all three candidates indicated that “the single most important issue facing the village is clearly the Tartikov development.” (Pis.’ 56.1 ¶ 274; Defs.’ Counter 56.1 ¶274.) Accordingly, as was the case with the Dormitory Law,, the Wetlands Law was passed at a time when there was intense focus.on the proposed rabbinical college but when no studies or analysis had been conducted of the needs, or nature, of wetlands in the Village. The juxtaposition of these facts supports Plaintiffs’ claim that Defendants adopted the Wetlands Law as a pre-textual means to unlawfully target Plaintiffs’ land use-plans for the Subject Property.

*411 Second, in addition to some of the suggestive comments described above, a number of arguably discriminatory comments made by Village officials and community members prior to the passage of the Challenged Laws suggest animus towards the Hasidic Jewish community. 37 See Yeshiva Chofetz Chaim Radin Inc. v. Vill. of New Hempstead by its Bd. of Tr., 98 F.Supp.2d 347, 355 (S.D.N.Y.2000) (holding that “discriminatory comments by the [m]ayor ... present grounds for allowing a jury to judge the credibility, and motivation, of the [mjayor ... as well as the motivation that can be attributed to the [vjillage itself in passing the disputed provisions”). These statements are undisputed as described below:

• Village Planning Board Chairperson Melvin Cook, who admittedly was not employed by the Village until after the Challenged Laws were adopted, indicated that “[s]ome of us see the Rabbinical College as the beginnings of another restricted religious community similar to New Square,” (Pis.’ 56.1 ¶211 (citing, inter alia, Savad Decl, Ex. 1 (Cook Dep. Tr.) 102); Defs.’ Counter 56.1 ¶ 211), which Cook called a. “tribal ghetto” of ultra-orthodox Jews, (Pis.’ 56.1 ¶ 111 (citing Savad Decl. Ex. 1, at 89-90)). Cook indicated that the increased number of Orthodox Hasidic Jews hurt the community because of their adverse effect on the school systems and -diversity in Ramapo,- (Pis.’ 56.1 ¶296 (citing Sa-vad Decl. Ex. 1, at 79-80 (“I felt [the increase in Ultra Orthodox Jews] has hurt the community and it certainly affected the school systems in Rama-po.”)); Defs.’ Counter 56.1 ¶ 296.) 38

• Village Clerk Leslie Sanderson indicated that if “rampant rumors” about “how many people” the rabbinical college would bring in “were true[,] it would usurp the -Village, perhaps the Village Board and the amount of people that live there.” (Pis.’ 56.1 -¶ 214 (citing Savad Decl-. Ex. 11 (Sanderson Dep. Tr.) 200); Defs.’ Counter 56.1 . ¶ 214.) f

• A published letter to the editor of The Journal News, which Defendants admit was authored at least in part by Trustee Yagel, contended that “[t]o *412 say that a virtual mini-city within the village—that will house thousands of homogenous individuals who can control village elections—-is- ‘natural’ in any way is simply not true.” (Pis.’ 56.1¶ 215; Defs.’ Counter 56.1 ¶215 (citing Savad Decl. Ex. 150 (published letter)).) Trustee Yagel was also quoted in a New York Times article as saying that it is “disgusting” that the Congregation was “trying to create this mini city in our village.”- (Pis.’ 56.1¶ 246 (citing Savad Decl. Ex. 4 (B. Yagel Tr.) 245-46; id. Ex. 112); Defs.’ Counter 56.1 ¶ 246.)

• Village resident Robert Prol sent a letter to Mayor Sanderson and Trustees Yagel, Banks, and Louie less than a year before he was appointed to the Village planning board, stating, “[t]here is only one outcome acceptable to the community, and that is to maintain our fair zoning laws and the way of life we have all invested in.” (Pis.’ 56.1 ¶¶ 234-35 (citing, inter alia, Savad Decl. Ex. 2 (Prol Dep. Tr.) 123-24); Defs.’ Counter 56.1 ¶ 234.) Trustee Louie responded by admitting “[i]t’s a little unsettling what’s going on, but we are sure we can maintain our zoning laws in Pomona and keep our neighborhood rural and diverse.” (Pis.’ 56.1 ¶ 236 (citing Savad Decl. Ex. 9 (Louie Dep. Tr.) 221-26).) Robert Prol also referred to the Congregation as-“trying to force their slum on everyone else,” though he later clarified that by “slum” he meant that the “density level ... would [result in] lots of garbage and packages and everything else all over the place.” (Pis.’ 56.1 ¶ 244; Defs.’ Counter 56.1 ¶ 244 (citing Savad Decl. Ex. 2, at 86, 92).) A year after Robert Prol sent the aforementioned letter, Mayor Sanderson appointed him to the planning board. (Pis.’ 56.1 ¶ 235.)

• Trustee Sanderson, in an email to Trustee Yagel, provided draft language for an email blast' that included the need to “defeat any developers who plan to take over our village and our area.” - {Id. ¶ 281 (citing Savad Decl. Ex. 9 (Louie Dep. Tr.) 115-116)); (Defs.’ Counter 56.1 ¶281.) Trustee Sanderson also publicly stated that the Village needed to “maintain[ ] its cultural and religious diversity,” (Pis.’ 56.1¶ 284 (citing Savad Decl. Ex. 310 (Request for Admission) Response No. 106)), and highlighted her concern about the Orthodox Hasidic “bloc vote” because of its impact on the Ramapo School District, (see Pis.’ 56.1 ¶ 295 (citing, inter alia, Savad Decl. Ex. 11 (Sanderson Dep. Tr.) 155-56); -Defs.’ ■ Counter 56.1 ¶ 295.)

• Trustee Louie emailed a Village resident indicating that a goal of hers was to “[m]aintain[ ] the demographic makeup of the village the way it is.” (Pis.’ 56.1 ¶ 307 (citing Savad Decl. Ex. 9 (Louie Dep. Tr.) 139-140); Defs.’ Counter 56.1 ¶ 307.)

• The aforementioned Facebook post -and related text- messages between Mayor Yagel and Louie, concerning a gathering of Hasidic Jews at Provident Bank Ballpark, {see Savad Suppl. Decl. Ex. 1), and the associated adverse inference sanction.

It is worth noting that all of these statements were made despite evidence of an attempt to take care not to make incriminating statements, as Mayor Marshall indicated at the aforementioned January 22, 2007 meeting:

Ladies and gentleman, let me say something. We sitting at this table have limitations that are placed on us as to what we can say and what we can’t say, because our attorney tells us what we *413 can say and what we can’t. I can’t say what I feel, I can’t. If I agree with you, if I don’t agree with you, I don’t have the luxury of being able to say that here. All I can say is that every member of this board works very, very hard to do what is best for this community. You have your issues. Don’t assume because no one has gotten up and said, wow, I agree with you, oh boy; don’t assume that because we didn’t do that we don’t agree. We may or may not, but please give us the benefit of the doubt.

(Pis.’ 56.1 ¶416 (citing, inter alia, Savad Decl. Ex.' 78, at 58)); see also, Pis.’ 56.1 ¶ 422 (noting that in advance of a meeting, “Trustee Yagel warned Mayor Sanderson and Trustee Louie that they ‘[m]ust be very careful about what we say. Don’t know who’s in the audienbe. Savad might show up again.”) (citing, inter alia, Savad Decl. Ex. 105 (email from - Yagel)); id. ¶ 425 (“Trustee Yagel stated that the residents should make' sure that when they speak in public that they don’t speak in a discriminatory manner because that can be construed as ‘the village is discriminating.’ ” (quoting Savad Deck Ex. 239 (Affidavit of Laura M. Kramer) ¶ 10) (citing Savad Deck Ex. 4, at 189-90); Defs.’ 56.1 ¶ 425 (clarifying this statement).)

Third, the Village’s behavior with respect to other proposed projects is suggestive. For example, Trustee Sanderson opposed an Orthodox middle school on property outside the town in May 2007, indicating that it did “not sound good” and encouraging others to attend public hearings. (Pis.’ 56.1 ¶ 375 (citing Savad Deck Ex. 11 (Sanderson Dep.. Tr.) 224-26).) Additionally, as early as 1996, the Village Attorney, then Ruben Ortenberg, advised residents to contact the Town of Ramapo to object to the expansion of an Orthodox Hasidic school. (Pis.’ 56.1 ¶ 376.) At the same,time, the Village did not challenge a variety of secular development projects of equal size that may have “threatened” the Village in the same way. (See, e.g., Pis.’ 56.1 ¶¶ 381 (noting support for concept of Barr Laboratories office building); 399 (noting that Mayor Marshall encouraged the Village to accept the construction group homes and that residents “simply [did] not have the right to choose who [their] neighbors [would] be”).) Cf. LeBlanc-Sternberg, 67 F.3d at 431 (finding relevant that the municipality “cited potential traffic and noise problems among their reasons for opposing home synagogues but tolerated existing traffic and noise caused by secular uses”). 39

Of course, not all' of the facts demonstrate discriminatory motives. Many of the statements post-date the laws in question, and some reflect concern about over-development of property in the Village. (See Defs.’ Mem. of Law in Reply to Pis.’ Opp’n to Defs.’ Mot. for Summ. J. (“Defs.’ Reply”) 6 (Dkt. No. 193).) And the Village, in the past; has shown a willingness in other contexts to facilitate religious land use; (See, e.g., id. at 7-8 (noting that Local Law 2 of 2007 for the first time allowed single-family residents to be used as houses of worship, as requested by ultra-Orthodox, Hasidic communities).) Taken together, though, in the light most favorable to the non-movant Plaintiffs, ,and given the unique burden the Challenged Laws place on Plaintiffs, there is sufficient *414 evidence for a reasonable jury to conclude that the Challenge Laws were passed with a discriminatory purpose. 40

b. Discriminatory Effect

Plaintiffs also allege that the Challenged Laws had a discriminatory effect on them. In establishing discriminatory effect, Plaintiffs are not “obligated to show' a better treated, similarly situated group of individuals.” Pyke v. Cuomo, 258 F.3d 107, 110 (2d Cir.2001) (holding that a plaintiff who “alleges that a facially neutral statute or policy with an adverse effect was motivated by diseriminatoiy animus [ ] is not obligated to show a better treated, similarly situated group of individuals of a different race in order to establish a claim of denial of equal protection.”). Indeed, the cases “recognize[ ] that a governmént that sets out to discriminate iiitentionally in its enforcement of some neutral law ór policy will rarely if ever fail to achieve its purpose.” Doe v. Vill. of Mamaroneck, 462 F.Supp.2d 520, 546 (S.D.N.Y.2006).

Plaintiffs have established, at the very'least, that whether the Challenged Laws prohibit the building of a rabbinical college is an issue of material fact. Defendants offer a defense of the Challenged Laws but devote no more than a few conclusory paragraphs to the “neutral purpose[s]” of each law. (See, e.g., Defs.’ Mem. 45.) To the extent Defendants offer a substantive defense, it is addressed in the context of the relevant law below.

First, with respect to the Accreditation Law, educational institutions aré,- in general, permitted in the Village, provided those who intend to'build the institution obtain a special permit. See, e.g., Defs.’" Counter 56.1 ¶579 (citing Village Code § 130-10(F)). However, unaccredited educational institutions are not permitted under any circumstances, because an educational institution is defined by Village law as one that is “accredited by the New York State Education Department or similar recognized accrediting agency,” Village Code § 130-4. (See also Pis.’ 56.1 ¶¶ 580-81; Defs.’ Counter 56.1 ¶¶ 580-81.) Plaintiffs present expert testimony indicating that their proposed rabbinical college cannot be accredited by any New York State body, which Defendants do- not rebut with any evidence of their own. (See Pis.’ 56.1 ¶¶ 583-84, 591; Defs.’ Counter 56.1 ¶¶ 583-84, 591.) In fact, Defendants do not dispute that “[t]o be accredited” at all, an educational institution has to first be in existence and fully operational, (Pis.’ 56.1 ¶ 590; Defs.’ Counter 56.1 ¶ 590), placing Plaintiffs, and likely any other group that sought to build an educational institution in the Village, in a catch-22: they cannot build a rabbinical college unless it is accredited, and they cannot have their rabbinical college accredited until it is built, (see Pis.’ 56.1 ¶ 588-9; Defs.’ Counter 56.1 ¶ 589-89; Savad Decl. Ex. 16 (Preston Green Dep. Tr.) 49, 89-90 (noting that the relevant accredited bodies require institutions to be operational)). Indeed, the rabbinical college could not even be accredited by the Association of Advanced Rabbinical and Talmudic Schools (“AARTS”), -a body designed to accredit schools like the proposed rabbinical college, absent changes' to its curriculum 'and the rabbinical college being operational. (See Savad Decl. Ex. 16 (Green Tr.) 89-90r Gordon Aft Ex. 15 (Preston Green Witness Réport) at 20-21.) To that end, the Accreditation Law at least arguably prevents Plaintiffs from building their proposed rabbinical college.

*415 Second, with regard to the Dormitory Law, the Village Code explicitly provides that “single-family, two-family[,] and/or multifamily dwelling units ... shall not be considered to be dormitories or part of dormitories.’’ Village Code § 130-4. (See also Pis.’ 56.1 ¶ 603.) Dormitories likewise cannot “contain separate cooking, dining or housekeeping facilities” and' cannot “occupy more than 20% of the total square footage of all buildings on the lot.” Village Code §§ 130-4, 130-10(F)(12). (See also Pis.’ 56.1 ¶¶ 610, 695.) These prohibitions arguably render it impossible for Plaintiffs, who, by religious belief, have obligations, to their families that.can' only be fulfilled by living with them, (see Pis.’ 56,1 ¶¶42 (noting that Jewish law imposes “conjugal duties upon a husband and wife”), 493 (noting that students must “live with their families in order to raise their family in a ■ religious environment”)); (Defs.’ Counter 56.1 ¶¶ 42, 493), and who allegedly can best complete the course of study by remaining on school grounds, (see, e.g„ Pis.’ 56.1 ¶¶ 72 (noting that rabbinical college will be a “Torah Community’ and will “involve[] intensive learning interaction, day and night, among the students, teachers[,] and lecturers,” 455-56 (noting that students must “exile [themselves] into a Torah Community”)); Defs.’ Counter 56.1 ¶¶ 455-56), to complete their studies at the proposed rabbinical college. While it is for the jury to decide the authenticity of Plaintiffs’ beliefs—and the degree that such Torah Community with multi-family housing is necessary to achieve them, which is Defendants’ central dispute with these contentions—there is sufficient evidence' to conclude that the Dormitory Law has a disparate impact on Plaintiffs. 41

Third, with regard to the Wetlands Law, two provisions, working in concert, have the apparent effect of barring construction of the rabbinical college in the Village. First, Village law provides that “[t]he minimum lot area for an educational institution” is-10 acres. Village Code § 130-10(F)(1)(a). (See also Pis.’ 56.1 ¶ 14; Defs.’ 56,1 . ¶ 14.) Plaintiffs argue, with sufficient 'evidentiary support, that the Subject Property is the only such non-government-owned property in the Village, meaning it is the only location where which the proposed rabbinical college can .be built. (Pis.’ 56.1 1Í.616 (citing Beall Decl. ¶¶ 15-19).) 42 Second, the Wetlands Law itself defined wetlands as “all lands and waters of the Village of Pomona ... which have a contiguous area of at least 2,000 square feet” which contain, or are enclosed by, certain submerged vegetation, or that otherwise contain “poorly drained soils.” Village Code § 126-2. “[W]ithin 100 feet of the boundary” of such lands, or of any water course or “water body,” defined as a “body of standing water which is not dry more than three months of the year ... and which, when wet, is customarily more than 500 square feet in water surface *416 area,” it is unlawful, unless with a permit issued by the Board of Trustees or the Planning Board, to, in relevant part, “[e]rect[ ] any building or structure of any kind,” including “roads [or] driveway,” without a permit. Id. § 126-3. The Wetlands Law also exempts properties improved by single-family homes, rendering the Subject Property only one of a handful of the 1,156 parcels in the Village affected by the law. Village Code § 126-3(D). (See also Beall Decl. ¶¶ 151-53). 43

Plaintiffs have proffered evidence of the existence of wetlands on the Subject Property, specifically wetlands covering the vast majority of the west side of the property abutting Route 306. (See Beall Decl. ¶ 280 & Ex. T (survey map of the Subject Property).) Based on a survey map, it appears that a driveway cuts between the wetlands on the Subject Property. (See id. Ex. T); see also Pis.’ 56.1 ¶¶ 618-620 (discussing wetlands on the Subject Property and their impact); Beall Decl. ¶¶ 280-89 (discussing wetlands on property in the context of state and federal regulations), Ex. T (property map identifying wetlands) (Dkt. No. 153); Tauber Decl. ¶28 (averring that the Wetlands Law renders the Subject Property inaccessible); Second Gordon Aff. Ex. A, at 61-63 (maps identifying wetlands on property). Plaintiffs, however, offer evidence that “the current access road” would have “to be improved” in order to be usable for the proposed rabbinical college because there is “no other practicable access location for the Property,” but that cannot be completed because the current driveway falls within 100 feet of the wetlands. (Tauber Decl. ¶ 5.) Plaintiffs have also proffered evidence, which Defendants do not rebut with any evidence of their own, that the Village was aware of the existence of wetlands on the Subject Property, (see Pis.’ 56.1 ¶ 180 (noting that Mayor Marshall knew there were wetlands on the property; Defs.’ 56.1 ¶ 180), such that it is plausible that Defendants targeted the rabbinical college with the Wetlands Law).

Two issues remain unresolved by the record, however. First, it is not clear from ' the record why Plaintiffs cannot build an entirely new entrance road off of Route 202, which is not abutted by wetlands. 44 Second, it is not clear to what extent the area between the wetlands is otherwise regulated by state and federal law. In her Declaration, Beall, Plaintiffs’ wetlands expert, notes that “[t]he wetlands on the west side of the Property would, at a minimum, be regulated by the Corps of Engineers, as noted on the map by the comment ‘ACOE wetlands.’ ” (Beall Decl. ¶ 283.) 45 Plaintiffs further suggest, in their Rule 56.1 Statement, that “99% of *417 mapped aquatic resources” in the village are currently regulated by the Corps of Engineers and 80% are regulated by the N[Y]SDEC, (Pis,’ 56.1 ¶ 870 (citing Beall Decl. ¶¶ 100-101))i and that “development near the wetlands on the [SJubject Property would be regulated by the NYSDEC,” (Pis.’ 56.1 ¶ 906 (citing Beall Decl. ¶¶282-85)), which, according to an analysis prepared by one of Plaintiffs’ experts, requires a permit for “activity within 100 feet of NYS designated wetlands,” (Second Gordon Aff. Ex. A, at 8); see also id. at 27 (noting that the Wetlands Law is “critical and necessary and is in keeping with municipal functions in New York State as well as other national wetland protection interests,” and that “it mirrors the NYS-DEC provisions for a 100 foot jurisdiction area”); Exs. H (indicating the existence of a NYSDEC-regulated stream on the west side of the property). If the wetlands at issue are already regulated by state and federal law in the same way as that provided for in the Wetlands Law, then it is unclear what, if any, unique impact the Wetlands Law has on the proposed rabbinical college. 46 In this regard, it is noteworthy that Defendants claim that the Wetlands Law was intended to protect “wetlands in the Village that fell between the cracks and were not regulated by the state or the federal government.” (Defs.’ Mem. 30); see also Defs.’ 56.1 ¶ 161 (citing, inter alia Gordon Aff. Ex. 12 (Ulman Dep. Tr.) 461.) The testimony cited, however, is unsupported by evidence and, more importantly, does not establish that the wetlands om the Subject Property were not already subject to federal or state regulation. Defendants also argue, in eonclusory fashion, that “there is no evidence that the wetlands local law has any effect whatsoever on the [Pjroperty” because no study had been done. (Defs.’ Mem. 46.) However, as stated‘above, the only evidence on this issue is advanced by Plaintiffs; Therefore, Defendants are not entitled to summary judgment as to the Wetlands Law o.n Plaintiffs’ Equal Protection claim. 47

In response to the fact that the Challenged Laws appear to have a discriminatory effect on Plaintiffs’ proposed rabbinical college, Defendants assert that Plaintiffs could potentially build a rabbinical college “through a zone change [or] a text amendment,” see Village Code § ISO-35 (power to amend), a “use variance,” see Village Code § 130-28(D) (variances), or a “special use permit;” see Village Code § 130-10, through which the Parties can work together “to bring to fruition something that is legal and beneficial to all involved,” (see, e.g., Defs.’ Mem. 3, 34-35, 41, 42.) First, as the Court previously noted, a zone change or text amendment is a “legislative process” that “Plaintiffs allege would be cumbersome and, given the hostility of Defendants, fraught with indefinite delay and uncertainty.” ' Tartikov, 915 F.Supp.2d at 633 . (See also Savad Decl. Ex. 313 (Hearing Tr.) 94 (Ulman *418 admitting that Plaintiffs “would need an amendment to one of [the Village’s] laws” to build the rabbinical college).) While Plaintiffs offer only minimal evidence to support their contention that process would be as cumbersome as they claim, (see Tauber Decl. ¶ 41), given the aforementioned evidence of discriminatory, animus, and the fact that the decision to grant an amendment is a matter of Village discretion, (see Savad Decl. Ex. 313, at 19; see also Pis.’ 56.1 ¶¶ 657, 662; Deft.’ Counter 56.1 ¶¶ 657, 662), Plaintiffs have a viable claim that seeking a zoning change or text amendment would be a futile exercise, see Grace Church of North Cty. v. City of San Diego, 555 F.Supp.2d 1126, 1138 (S.D.Cal.2008) (granting summary judgment to plaintiff based on evidence that plaintiff had no “reasonable expectation that any. application for an. extension” .to use its property would be granted), or at the very least would be fraught .with delay, which may harm, or even completely undermine, Plaintiffs’ ability to construct the proposed rabbinical college. Second, with regard to applying for a variance, Ulman made clear that the Congregation would not have been granted a variance even had it applied, (see Pis. 56.1 ¶ 626; Defs.’ Counter 56,1 ¶ 626; see also Pis.’ Opp’n 17 (citing Savad Decl. Ex. 313, at 19 (“I agreed that it would be wasteful for them to apply for a variance.”))), suggesting that such an- application would also be futile. Third, Plaintiffs are unable to obtain a special use permit for the rabbinical college, the mechanism by which houses of worship and educational institutions are approved in the Village, because, as discussed, the Challenged Laws impose conditions on special u

This text is long and has been trimmed here. Open the source document for the complete record.