New Jersey - Englewood Synagogue, Neighbors End Long Legal Feud |
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News Source: North Jersey
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New Jersey - A longstanding legal battle between an Englewood neighborhood group and an expanding synagogue has ended with a thus-far undisclosed settlement in state Superior Court.
Two separate legal cases brewing for about a decade have been dismissed because of the settlement. One involves the number of seats East Hill Synagogue can add to the old Victorian house it occupies at Walnut and Brayton streets. The other involves how often tents can be put up in its parking lot for outdoor events.
A document outlining details of the settlement was unavailable in state Superior Court in Paterson Thursday, nor could it readily be obtained through attorneys in the case.
The case was moved to Passaic County from Bergen to eliminate any appearance of impropriety presented by the proximity of a Bergen judge’s residence to the synagogue.
In December 2008, state Superior Court Judge Garry Rothstadt ruled that the Englewood Planning Board properly allowed the synagogue to expand seating without adding parking, dismissing the claim of a neighborhood group, called 138 Brayton St., LLC, that the board acted capriciously and unethically. In 2007, the Planning Board, which was also a defendant in the litigation, approved East Hill’s application to expand from 123 seats to a maximum of 225, without commensurate parking expansion. Brayton’s attorneys argued the planning board’s decision was arbitrary and capricious, and that some board members had a conflict of interest because they allegedly were members of a synagogue affiliated with East Hill.
Attorneys for East Hill argued the affiliation between the two synagogues was not a conflict, as the two had no financial ties. The only conflict would come if the board members were also members of EHS, attorneys argued. Rothstadt agreed and dismissed Brayton’s case. Brayton filed an appeal, which the state Appellate Division on Thursday officially dismissed, in light of the settlement.
The second battle involved the temple’s federal lawsuit against the planning board for limiting how many times a year it can erect tents in the parking lot. In January 2008, the board allowed the synagogue to build tents 12 times a year, despite protests from neighbors. The synagogue was previously allowed to build three tents a year but sued the city in federal court for discrimination on the basis of religion. In exchange for the additional tents, the synagogue agreed to drop the lawsuit.
That, in turn, triggered a lawsuit by Brayton against the planning board for accepting that settlement. That suit has also been dismissed, as part of this most recent, undisclosed settlement between the parties.
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Read Comments (13) — Post Yours »
1
Mar 11, 2010 at 07:44 PM Chasidishe Maimonidean Says:Report as Inappropriate
I don't know if this is Ahavas Torah in Englewood, but if their building is anything like Ahavas Torah's churban of their old shul, they are shoytim gemurim. The issir of baal tashchis applies even to those who are as rich as Korach, not that Ahavas Torah knew that. Feh.
2
Mar 11, 2010 at 08:13 PM shomershabbos Says:Report as Inappropriate
what's the big deal with the parking? If it's an Orthodox shul then the people aren't going to drive there on Shabbos or yom tov anyway, right? Maybe they'll drive for weekday minyan but how many people show up to each minyan -- at most 20 or 30?
3
Mar 11, 2010 at 08:38 PM Anonymous Says:Report as Inappropriate
“ what's the big deal with the parking? If it's an Orthodox shul then the people aren't going to drive there on Shabbos or yom tov anyway, right? Maybe they'll drive for weekday minyan but how many people show up to each minyan -- at most 20 or 30? ”
In Englewood, as is the case with most Orthodox shuls, everyone drives to mincha and kabalas shabbos before licht benchen and then drives home motzi shabbos after havdalah so the neighbors have good cause to worry since this will mean 100 more cars parking on their streets and blocking their driveways over shabbos.
4
Mar 11, 2010 at 08:47 PM Nice shul Says:Report as Inappropriate
I was there a year ago, end of sukkos.
Very nice. almost country like, except for all the huge houses and mansions.
Yes, very few cars, everyone walks.
But the shul itself it tiny.
5
Mar 11, 2010 at 09:09 PM Anonymous Says:Report as Inappropriate
“ In Englewood, as is the case with most Orthodox shuls, everyone drives to mincha and kabalas shabbos before licht benchen and then drives home motzi shabbos after havdalah so the neighbors have good cause to worry since this will mean 100 more cars parking on their streets and blocking their driveways over shabbos. ”
Regarding post no. 3, I meant orthodox shuls in the suburbs; I doubt whether this shabbos parking ritual is prevalent in Borough Park, Williamsburg or KJ or at least I never saw many cars near the shul on the few occasions I've been on the east coast.
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Mar 11, 2010 at 09:24 PM Anonymous Says:Report as Inappropriate
“ I don't know if this is Ahavas Torah in Englewood, but if their building is anything like Ahavas Torah's churban of their old shul, they are shoytim gemurim. The issir of baal tashchis applies even to those who are as rich as Korach, not that Ahavas Torah knew that. Feh. ”
it seems to me you are the complete moron (tranlating your hebrew) as this is the east hill sysnagoge not ahavas torah...
and dont disparage ahavas torah you sound like a mean spirited old crumudgeon
7
Mar 11, 2010 at 09:55 PM Anonymous Says:Report as Inappropriate
“ I don't know if this is Ahavas Torah in Englewood, but if their building is anything like Ahavas Torah's churban of their old shul, they are shoytim gemurim. The issir of baal tashchis applies even to those who are as rich as Korach, not that Ahavas Torah knew that. Feh. ”
If you know anything you would know that Ahavas Torah has five minyanim on Shabbos morning with 1,000 people and hundreds of kids.
BTW, this community is filled with baalei zeddakah and chesed. Millions of dollars are raised at the drop of a hat.
8
Mar 11, 2010 at 10:09 PM Anonymous Says:Report as Inappropriate
“ If you know anything you would know that Ahavas Torah has five minyanim on Shabbos morning with 1,000 people and hundreds of kids.
BTW, this community is filled with baalei zeddakah and chesed. Millions of dollars are raised at the drop of a hat. ”
BTW, this community is filled with baalei zeddakah and chesed. Millions of dollars are raised at the drop of a hat.”
Than why couldn't they spend the extra dollars to build the parking spaces required by the law??
9
Mar 11, 2010 at 10:24 PM Anonymous Says:Report as Inappropriate
“ BTW, this community is filled with baalei zeddakah and chesed. Millions of dollars are raised at the drop of a hat.”
Than why couldn't they spend the extra dollars to build the parking spaces required by the law?? ”
Maybe the land isn't available? Or maybe they would rather use the money to educate their kids or pay for kids to go to yeshiva when their parents can't afford tuition? Or maybe they would rather spend money on feeding the poor?
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Mar 11, 2010 at 10:55 PM Anonymous Says:Report as Inappropriate
“ I don't know if this is Ahavas Torah in Englewood, but if their building is anything like Ahavas Torah's churban of their old shul, they are shoytim gemurim. The issir of baal tashchis applies even to those who are as rich as Korach, not that Ahavas Torah knew that. Feh. ”
Pure motzei shem rah. Please try to remember there are mitzvos bein adam l'chaveiro as well.
11
Mar 11, 2010 at 11:38 PM Anonymous Says:Report as Inappropriate
“ BTW, this community is filled with baalei zeddakah and chesed. Millions of dollars are raised at the drop of a hat.”
Than why couldn't they spend the extra dollars to build the parking spaces required by the law?? ”
for two reasons
first the article is about a different shule .. its the east hill synagogue thay won
and secondly
the east hill shule did comply with the zoning board (again read the article)
thirdly
to the boro park mind the above ofcourse doesnt make sense
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Mar 11, 2010 at 11:45 PM Levi S Says:Report as Inappropriate
“ If you know anything you would know that Ahavas Torah has five minyanim on Shabbos morning with 1,000 people and hundreds of kids.
BTW, this community is filled with baalei zeddakah and chesed. Millions of dollars are raised at the drop of a hat. ”
Englewod NJ is probaby the finest religious community in the world outside of israel..
13
Mar 12, 2010 at 01:40 AM Milhouse Says:Report as Inappropriate
“ BTW, this community is filled with baalei zeddakah and chesed. Millions of dollars are raised at the drop of a hat.”
Than why couldn't they spend the extra dollars to build the parking spaces required by the law?? ”
Why on earth should they? They got a permit to expand without it, so why should they waste the money?