Guilford, CT – A Jewish organization is appealing a New Haven Superior Court lawsuit decision that bans a synagogue and community center from being built on Goose Lane.
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And those who brought and won the suit say they aren’t surprised.
“But, I think we have a very strong case, so I’m not too worried,” said Goose Lane resident Donna Criscenzo, who, with neighbors Sherrye McDonald and James Colebrook, last month won a lawsuit filed in August 2008 against Chabad-Lubavitch of the Shoreline.
Chabad filed the appeal Tuesday in Appellate Court in Hartford. The deadline to appeal is this month.
The Goose Lane residents sued the religious organization to fight its construction plan, saying it violates a covenant in the parcel’s deed that says the land can only be used for farming or homes.
Chabad received approval from the Planning and Zoning Commission in December 2008 to build a 13,700-square-foot synagogue and day care center on its property. The group’s Hartford-based lawyer, Jonathan Starble, said Chabad should be allowed to build because the plaintiffs’ claim is based on an agreement from 1947 before the neighbors and Chabad purchased their properties.
“In fact, none of the parties to the current litigation even knew about this 1947 agreement when they bought their properties or at any time thereafter, until the plaintiffs discovered it while looking for ways to oppose Chabad’s zoning application,” Starble added.
“There is nothing in any of the plaintiffs’ chains of title indicating that they have the right to enforce the 1947 agreement. Under Connecticut law, ‘restrictive covenants’ are only enforceable against owners of property when very specific conditions exist, and we do not believe that such conditions exist in this case.”
A four-day trial was held in January, and New Haven Superior Court Judge Maureen Keegan handed down a decision Aug. 13, granting a permanent injunction preventing Chabad from building the religious center at the 181 Goose Lane property.
Attorney Edward Cassella, an Old Saybrook attorney representing the Goose Lane neighbors, said he’s confident the trial court’s decision will be upheld and that Chabad’s move is not unexpected.
Specific reasons for the appeal will soon be filed, and attorneys on both sides will file positions, responses and briefs and then present oral arguments before the three-judge panel at Appellate Court, Cassella explained. He added that the process will take many months.
According to Keegan’s 35-page decision, the proposed religious building violates a covenant that was formed by Charles and Amy Dudley when the land was sold in 1947 and says the property can only be used for farming or homes. A house currently sits on the Chabad property, which is near Interstate 95 exit 59, and the group had plans to demolish it to make room for the new construction.
Neighbors argued against the development since it was proposed in 2006, claiming there would not be enough parking for the center, property values would decrease, and center activities could take place daily and nightly.
Something is definitely rotten in the state of Connecticut; there was an article last week of another community in Connecticut, who is also taking legal issue against Chabad. The Wasp residents of Chabad don’t take too kindly to seeing Orthodox Jews in their area, as they stated that “their property values would decline”. This is America, 2010! A Shanda!
If it was a mosque there would be no problem.
Actually, I think the complaints would be worse with a mosque.
But, seriously, let’s look at it from the goyishe perspective. If you’ve been used to quiet homes and farms, why would you want to have a house of worship, people going in and out three times a day, and various “kiruv” operations, going on next to your house 24/7?
I mean, think about it, just for a second.
To #3- There is always a double standard regarding synagogues and churches. In my community, the gentiles will park their cars on a main thoroughfare near their church, when they have their services. Yet, several blocks down the street, when the Jews park their car near a synagogue on the same street, the goyim are not too appreciative. In fact, one day, when some congregants were walking home form the synagogue, goyish motorists were cursing out loud, because of the cars parked near the Shul, causing them to detour into the other lane. They would not have done that to their “meshpucha” down the street at the church.
The property is right off the highway and there are already many commercial uses in the area. The property is also large and set back from the road.