Refusal to abide by court settlement now costing New York town nearly $1 million
A fight erupted a few years ago in Atlanta Beach, N.Y., because city officials, as soon as a Jewish organization purchased a long-vacant property to use for a worship center, decided to take title to the property through eminent domain.
The fight, which erupted in 2022, immediately went to the courts and in 2023 a settlement was reached that would allow the Chabad of the Beaches to keep the property and use it for its ministry purposes.
Then city officials refused to follow the agreement.
So back to court, and now a new settlement has been reached that allows the Chabad to keep the property, provides that the town officials will grant all its needed permits and variances, and also pay $950,000 to the Chabad.
In a statement released by town officials, they said, “The settlement clears the way for Chabad to keep and use the property as a center that will provide educational and outreach activities for the entire Jewish community. Among the terms of the settlement, Atlantic Beach will forego use of its eminent domain powers to acquire the property from Chabad, pay Chabad $950,000, and ensure that Chabad receives specified permits and variances…”
Rabbi Eli Goodman said, “This marks the beginning of a happy new chapter in the Chabad-Atlantic Beach relationship. We look forward to being a part of this community, and serving our friends and neighbors for years to come.”
The fight had developed between Chabad Lubavitch of the Beaches and Atlantic Beach, its zoning board, Mayor George Pappas, and other officials.
The U.S. District Court in New York did maintain jurisdiction to enforce the consent decree it issued, based on the settlement agreement.
In addition to giving up its fight for the property, the city agreed to pay the Chabad $700,000 within 90 days, and another $250,000 on the first anniversary of entry of the consent decree.
And the town and its officials are “permanently enjoined from taking an action to acquire” the property.
The settlement from two years earlier had forced the Chabad back into court when officials refused to follow its terms.
Further, WND reported that it was revealed in private messages, Pappas responded, “Very true,” when a fellow town official said, “Most people don’t want the Chabad and just don’t want to say it. Any secular Jew doesn’t want them.”
The private messaging deteriorated further, with comments like that Jews “procreate” too much, “don’t tip” and “are “buying the world.”
The town had claimed that it wanted to condemn the property, an old bank, and take it for municipal use, as soon as the Jewish group bought it.
The original lawsuit noted that the property had been for sale for years, and the town never made any effort to acquire it until after the Chabad purchased it.
The second legal fight focused on how, “In private communications produced in this case, Village officials freely and frequently engaged in open anti-Chabad and anti-Orthodox sentiment and trafficked in vile antisemitic tropes, including that Jews are ‘buying the world,’ ‘procreate’ too much, and ‘don’t tip.'”
It continued, “These messages reveal that the Village’s proffered reason for seizing Chabad’s property is and always has been pretextual.”
The first case ruled the village was not allowed to take the property, the second was for punitive damages.