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Joan Dachs Bais Yaakov-Tiferes Tzvi

Chicago, IL -  Attorneys for an Orthodox Jewish organization filed a lawsuit in Cook County Circuit Court late Monday, alleging Evanston officials acted capriciously earlier this year in denying the group’s bid for special zoning to allow it to operate a school in southwest Evanston.

In a 29-page complaint, attorneys for Joan Dachs Bais Yaakov-Tiferes Tzvi , argued that city officials wrongfully focused on property taxes as the basis for denial of the request, failing to distinguish between a “religious institution” and a private school.

The proposed school would be housed at the former Shure Brothers warehouse building, at 222 Hartrey Ave., behind the Jewel Food Store property.

“For families associated with JDBY, enrolling their children in a dual religious and educational curriculum at a Jewish day school is practically mandatory in the exercise of their religious faith,” argued attorney Mark Sargis in the complaint.

The group has asked the court to allow it use the property, and to award an unspecified amount of damages plus legal costs as compensation for its costs so far, an estimated $2 million.

“We tried to work out our issues with the city,” said Moshe Davis, president of JDBY, “including offering payment in lieu of property taxes, and believe we met all of the zoning criteria. Going to court was a last resort.”

The school’s eight-count complaint alleges the city’s action was arbitrary and unreasonable under the state zoning laws, and violated the group’s federal and state Constitutional rights to freedom of speech and religion.

The complaint alleges an inconsistency in the city’s zoning regulations, allowing “religious institutions and religious membership organizations at the property, but excluding “religious educational institutions.” It points out that Vineyard Christian Church, which sits on the lot just west of the school’s site, won special use approval from the city in 2004 as a religious institution even though it “does not operate any industrial uses.”

JDBY applied for special use permit as a religious institution in December 2007. The school’s request was denied by city Zoning Administrator Bill Dunkley. Dunkley ruled that an “educational institution was not permitted in the zoning district by right or special use,” the lawsuit noted.

In subsequent committee and City Council discussion, officials focused “primarily on the prospective loss of property taxes resulting from the proposed not-for-profit use by the school,” according to the lawsuit.

Council members eventually voted 8-1 to deny the school’s request.

Aldermen briefly posed a scenario where the school would make a payment in lieu of the taxes it is exempt from paying. However, school officials said they would have to give more time to the issue when officials asked them whether they would be willing to cover the taxes lost to the school districts along with the city.

In the lawsuit, the school is seeking injunctive relief, estimating losses of some $2 million in architectural design costs, insurance and other expenses so far while holding the property.

The lawsuit also notes the property’s previous owner, Centerpoint, failed in previous attempts to market the property for commercial or industrial uses, as well as residential.

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