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Monday, October 23, 2006

Hollywood temple's neighbors file federal appeal of settlement

By Ihosvani Rodriguez
South Florida Sun-Sentinel

October 21, 2006

Hollywood � City officials made their peace with Chabad Lubavitch earlier this year, but a turf battle between the Orthodox Jewish synagogue and its Hollywood Hills neighbors is not over yet.

Six neighbors have taken their dispute to a federal appeals court, complaining that the synagogue, City Hall and a federal judge each cut them out of the picture when Hollywood in July settled a discrimination case filed by Chabad.

In their appeals brief filed last month, neighbors argued the settlement created a "zoning change" that affects their enjoyment of their homes.

The neighbors, who live within 300 feet of Chabad, claim they were not allowed to oppose such a zoning change when U.S. District Court Judge Joan Lenard denied them a chance to appear before her in July.

Lenard erroneously ruled the case was a religious discrimination dispute and the zoning change was incidental, attorney Vincent Vaccarella wrote on behalf of the neighbors. Vaccarella could not be reached for comment Thursday and Friday despite repeated calls.

Under the agreement, Chabad received $2 million from the city's insurer and was allowed to stay in the neighborhood. Chabad is also allowed to demolish the two houses it now occupies and rebuild a new facility. The synagogue is also allowed to build a parking lot and expand within a two-block boundary without having to seek a special permit from the city.

In their appeals filing, the neighbors said the settlement allows Chabad to continue having "day and evening classes, administrative offices, dinners, classes, weddings, youth group activities, birthdays, weekly newspaper publication, lectures, meals and barbecues" in a residential neighborhood.

"The problems have continued," said neighbor Ed O'Sheehan, whose wife is named as an appellant.

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

Copyright © 2006, South Florida Sun-Sentinel

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