UPPER SADDLE RIVER –On Monday night, Bergen Rockland Eruv Association filed a legal motion against the county, contending that plans to build an Eruv were discovered and discriminatory laws were passed in haste in order to disallow the building of the eruv.
The Borough Council first heard about the planned eruv after a meeting between the Eruv Association and Orange and Rockland Utilities, during which the Association disclosed the need for white PVC pipes on the utility poles. Less than two months later a new ordinance was passed that prohibited “any device or other matter” on public utility poles.
In legal documents, the borough has cited the law as justification for ordering the eruv’s removal.
Bruce Rosen, an attorney for the borough, contends that the law was passed as a reaction to political signs hung on the poles. Attorneys for the eruv association, however, dispute that contention, noting the borough already had a law on the books prohibiting signs on trees, poles, buildings or structures. The new ordinance now amends the original law and instead of only signs being prohibited it now includes ‘devices’ and ‘other matter’, hence the reason the Eruv is now illegal.
The eruv association had planned to build through Mahwah, Upper Saddle River and Montvale, but ceased construction before reaching Montvale.