DEDICATED IN MEMORY OF

Eliyohu ben Moshe Mordechai a”h

By his family

After 25 Years of Discrimination, Chabad Awarded $19M

After nearly 25 years in court, one of America’s most upscale towns has agreed to pay $19 million to the local Chabad house and permit construction of their Chabad center. The settlement brings an end to one of the longest-running religious discrimination cases in recent memory.

By Anash.org reporter

After nearly 25 years in court, one of America’s most upscale towns has agreed to pay $19 million to the local Chabad house and permit construction of their Chabad center. The settlement brings an end to one of the longest-running religious discrimination cases in recent memory.

The dispute began in 1999, when shliach to the uber-wealthy town of Old Westbury on Long Island, Rabbi Aaron Konikov and his community planned a dedication ceremony for a new shul on a 9-acre property Chabad had acquired for that purpose.

Village officials moved quickly to block the project, and in 2001, passed a zoning ordinance requiring houses of worship to be built on a minimum of 12 acres – effectively preventing the Chabad center from moving forward.

Officials also claimed the building permit application had been improperly filed, and cited concerns over traffic, parking, and neighborhood character as additional reasons to deny the project.

The case wound through federal court for nearly two decades until U.S. District Judge Gary Brown of the Eastern District of New York found the local Places of Worship law unconstitutional, ruling that it discriminated against religious institutions by treating them less favorably than secular ones.

“Under defendant’s zoning code, ‘a pit of manure may be located closer to the property line than a place of worship,'” Brown wrote in his ruling.

Judge Brown then ordered both sides into settlement negotiations, resulting in the current agreement.

Under the deal, the village’s insurance must pay Chabad $19 million by April 15. Chabad will also be permitted to develop the property proportionate to the cubic-foot volume variances previously granted to the Old Westbury Hebrew Congregation.

Preliminary plans call for a 20,875-square-foot building with a parking lot.

Eric Robinson of Stevens & Lee, representing the plaintiffs, called the outcome a victory.

“Rabbi Konikov has struggled for 32 years to establish Chabad-related facilities in Old Westbury,” Robinson said. “Rabbi Konikov is grateful that the constitution and the court helped him realize the rights of hundreds, including him. He looks forward to the chance to work cooperatively with the village and to begin to serve the faithful in Old Westbury.”

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