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Friday, July 07, 2006

Neighbors seek say in Hollywood synagogue dispute

By Ihosvani Rodriguez
South Florida Sun-Sentinel
Posted July 7 2006

The city of Hollywood and an Orthodox Jewish group may have agreed to settle out of court their feud over the location of a synagogue, but the temple's neighbors now say they want their own day in court.

The neighbors are objecting to an agreement drawn up earlier this week between the city and Chabad Lubavitch to settle a federal discrimination lawsuit and end their five-year battle.



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The neighbors, all living within 300 feet of the Hollywood Hills synagogue, filed a motion Thursday to intervene in the dispute. The group complains that the city and Chabad did not consider them earlier this week when the two sides cobbled together the last-minute agreement.

Under the pending settlement, the city would allow Chabad to stay permanently at the two homes it bought in 1999, located in the corner of a residential neighborhood. The group will be allowed to demolish the homes and build a larger structure. It will also be able to expand within a four-block boundary without seeking a special permit.

Neighbors say the settlement violates their right to enjoy their properties. They want to take their concerns before the federal judge overseeing the case before she signs off on the settlement.

"Of all possible parties, the neighbors have the most at stake in this dispute and should have a voice in the dispute resolution," wrote the group's attorney, Vincent Vaccarella.

Most of the neighbors referred questions to their attorney on Thursday, while others could not be reached for comment.

U.S. District Judge Joan Lenard was scheduled to review the settlement agreement Thursday morning, but the hearing was postponed.

Chabad's lawsuit claims the city violated the group's religious rights by trying to oust them from the residential neighborhood. The city maintained that it was enforcing its zoning ordinances. For years, neighbors complained about noises, trash and parking violations.

Commissioners voted 5-1 last week to offer Chabad a settlement.

The agreement was filed days after Lenard sided with Chabad with a number of pretrial rulings. One of her rulings declared a set of city codes unconstitutional and said Chabad was entitled to damages on that issue alone.

Chabad's attorney, Franklin Zemel, said he welcomes the neighbors' request to be heard, but questioned their motives.

Zemel said several of the neighbors have already testified in depositions that they would be against Chabad staying at their location no matter what conditions are imposed on the group. He said the reason Chabad wants to purchase an adjacent lot is to address the neighbors' complaints of noise and parking violations.

"The neighbors are fighting to prevent the Chabad from fixing the very problems they are most vocal about," he said. "Their goal is to get the Chabad out completely."

A hearing date has not been set.

Ihosvani Rodriguez can be reached at ijrodriguez@sun-sentinel.com or 954-385-7908.

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