Synagogues

1. Mayer v. Temple Beth El
   

   23 NYS 1013 (Com.Pl. 1893)

   • If synagogue is sold and new one is built with the proceeds, pew-holders are entitled to corresponding seats in new synagogue.
   • If synagogue is destroyed by fire, pew-holders lose rights.
2. Application of Cong. Ahavas Achem
   

   213 NYS2d 770, 27 Misc2d 1097 (S.Ct. Monroe County, 1961)

   • Purchase of seat is equivalent to purchase of property.
3. Kroth v. Cong. Chebra Ukadisha Bnai Israel Miklawarie
   

   430 NYS2d 786, 105 Misc2d 904 (S.Ct. N.Y. County, 1980)

   • Sale of synagogue requires vote of membership.
4. Orthodox Minyan of Elkins Park v. Cheltenham Township Zoning Hearing Board
   

   123 Pa.Cmnwlth. 2d, 552 A. 2d 772 (Commonwealth Court of Pa. 1989)

   • Reversed and remanded for determination whether Board acted properly and if variance should or should not be granted.
5. Lucas Valley Homeowners Assoc. v. County of Marin, Chabad of North Bay, Inc.
   

   233 Cal.App. 3d 130, 284 Cal.Rptr. 427 (First District, Division 4 1991)

   • Zoning board may grant variances to synagogue.
6. LeBlanc-Sternberg v. Fletcher & United States v. Village of Airmont
   

   67 F. 3d 412 (Second Cir. 1995)
   Previous History: 839 F. Supp 1054 (S.D.N.Y. 1993),
   781 F. Supp 261 (S.D.N.Y. 1991),
   763 F. Supp. 1246 (S.D.N.Y. 1991)

   • Court of Appeals reversed lower court decision for the village on motion for judgment notwithstanding the verdict. Held, discrimination proven.
7. Young Israel North Woodmere v. Town of Hempstead Board of Zoning Appeals
   

   221 A.D. 2d 646, 634 N.Y.S. 2d 199 (Second Dept. 1995)

   • Board's decision was arbitrary and capricious; Board should grant zoning variances to the synagogue.
8. Khal Charidim Kiryas Joel v. Village of Kiryas Joel
   

   935 F. Supp. 450 (S.D.N.Y. 1996)

   • Dissident Chassidic group claimed violation of constitutional rights by not being granted permit to convert home into synagogue. Motion to dismiss denied.
9. United States v. Village of Airmont
   

   922 F. Supp. 959 (S.D.N.Y. 1996)
   Prev Hist: 839 F. Supp. 1054, 846 F. Supp. 294, 67 F. 3rd 412

   • Case on remand. Dist. Courtt finally holds that the village zoning code violated the Fair Housing Act and was designed to keep Orthodox Jews from moving in; code would be revised.
10. Beth HaMedrosh HaGadol Cemetary Assoc. v. Levy
    

    923 S.W. 2d 439 (Missouri Ct. of Appeals 1996)

    • Trial Court had dismissed claiming ecclesiatical dispute; appelate court reverses and remands.
11. City of Cleveland Heights v. Schulgasser
    

    1998 Ohio App. LEXIS 1881 (Ohio Ct. App. 1998), No. 72475. Dated April 30, 1998. Opinion by J. Nahra.

    • Synagogue member’s conviction for criminal trespass after temple officials asked him to leave affirmed; no unconstitutional interference with freedom of religion.
12. Waldman v. Village of Kiryas Joel
    

    39 F. Supp. 2d 370 (S.D.N.Y. 1999), 97 Civ. 7506 (BDP). Dated March 12, 1999. Opinion by J. Barrington D. Parker, Jr.

    • Action claiming village of Hasidic Jews was operated as a theocracy in which the rights of dissidents were suppressed was dismissed on grounds of res judicata and lack of standing; plaintiff failed to allege any injury in fact and complaint cannot be amended to plead tax payer standing by raising issue in brief in opposition to a motion to dismiss; polling place ordered moved from synagogue to neutral site upon demonstration that voting arrangements impermissibly burdened the right of plaintiff and his fellow dissidents to vote in local elections.

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