Judge Sides With Ramapoughs, Lifts Restraining Order Regarding Teepees At Prayer Site

MAHWAH, NJ — A Superior Court judge Monday vacated the temporary restraining order against the Ramapough Lenape Nation in its legal battle with the township, but the battle has yet to play out in Municipal Court.

Judge Charles Powers Jr., ruled that the town is not faced with "immediate and irreparable harm" regarding the nation's decision to construct teepees and other structures on the Sweetwater prayer site at the Ramapo Hunt and Polo Club at 95 Halifax Road, which the nation has owned and held religious ceremonies on for more than 25 years.

The nation argued that it had a right to use the land on religious grounds and that the town was violating its Constitutional rights by getting the restraining order.

RELATED: Mahwah Suing Ramapough Mountain Indians Over Teepees

Aaron Kleinbaum, a lawyer with the Eastern Environmental Law Center, represented the Ramapoughs in court.

"The Ramapoughs want to use the same federal law that Muslims used to [get approval] to build a mosque in Bernards Township," Kleinbaum said. "The town can't harass the Ramapoughs and put substantial burdens on them."

Township Zoning Officer Michael Kelly notified the state Department of Environmental Protection about the structures in December 2016. DEP representatives found three 15-foot tall teepees, several tents, two portable toilets, several totem poles and a cooking pavilion on the property.

The township issued two summonses against the Ramapoughs Dec. 13, 2016 for not getting the required zoning permits and permissions before constructing the structures. A violation and termination notice was issued Dec. 20. Subsequent violation summonses were issued against the tribe daily.

The tribe submitted a zoning application April 6, and it was denied on April 13. The tribe had lumber delivered to the property April 26 and began constructing a platform. The town filed its show cause order May 8 and the temporary restraining order was put in place. The tribe filed its motion to lift the order June 2.

"They violated the restraining order in every way and nothing has changed. As we have said all along, we only want to address the zoning violations and summonses," said Mayor William Laforet. "You would have hoped they would have abided by the order, but nothing has changed."

Judge Dennis Harraka will hear the case in Mahwah Municipal Court July 27. The township is also free to enforce the local zoning laws in court, Powers ruled.

"We have offered to sit down with the Ramapoughs because we think that frank discussions in a situation like this are important, but they have refused," Laforet said. "We want to figure out the appropriate way to get this solved, but they refused to work with us."

The tribe has filed an application for a use variance with the Zoning Department on religious grounds, but Kelly said has not been deemed "complete."

"Once a complete application is received, a hearing date can be scheduled," Kelly said.

Here is a copy of Powers' order:

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