Jewish American Heritage Month

Posted By richards on September 28, 2014

By Dave Collins The Associated Press

A three-judge panel of the 2nd U.S. District Court of Appeals in New York City ruled Friday that federal Judge Janet C. Hall in New Haven was wrong to dismiss the lawsuit by Chabad Lubavitch of Northwest Connecticut. The panel said Hall erred by ruling that part of a federal law barring government interference in religious exercise didnt apply to the case.

The appeals court panel, however, upheld Halls other rulings in the case, including her dismissals of Chabad Lubavitchs claims that its constitutional rights to freedom of religion and equal protection were violated.

The Historic District Commission ruled Chabad Lubavitchs proposed 17,000-square-foot addition to an 1870s Victorian house, which would be used as a synagogue and a residence for its rabbi, was too large and out of character for the local historic district, under state law governing historic districts.

Rabbi Joseph Eisenbach of Chabad Lubavitch disputed the commissions 17,000-square-foot figure, saying it included the basement and attic. He said the footprint of the two-story house and addition would be less than 4,000 square feet and the total area of the project should be listed as less than 8,000 square feet.

Eisenbach said he was optimistic that plans for the addition ultimately would be approved.

Its right before Rosh Hashana and ... theres no greater blessing for the community than to start off the new year with this great news, he said.

C. Scott Schwefel, a lawyer for the Historic District Commission, said the case will return to U.S. District Court and an appeal to the U.S. Supreme Court is possible.

Were confident that the District Court ... will determine that there is still no genuine issue of material facts and will again dismiss the action, he said.

Chabad-Lubavitch is a Hasidic movement within orthodox Judaism. The Litchfield group set up in northwestern Connecticut in 1996 and now includes social service, educational and arts programs. Continued...

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Appeals court reinstates Litchfield synagogue lawsuit

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