Legal Settlements Over Religious Facility Expansions on Long Island

The village of Old Westbury, one of Long Island's affluent communities, has agreed to pay $19 million to the Lubavitch of Old Westbury congregation, led by Rabbi Aaron Konikov, to settle a lengthy legal dispute regarding the construction of a synagogue. The conflict began in 1999 when the congregation sought to build a Chabad-Lubavitch temple on a 9-acre property. However, Old Westbury officials blocked the project, citing a 2001 regulation that required houses of worship to be built on properties of at least 12 acres. The case escalated to federal court, where Judge Gary Brown approved the settlement on March 20, 2023, allowing the congregation until January 15, 2024, to apply for a special-use permit for the proposed 20,875-square-foot building.

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In a separate case, the Town of Oyster Bay has been ordered to pay over $5 million in legal fees to the Muslims on Long Island organization, which owns the Masjid Al-Baqi mosque in Bethpage. The town denied the mosque's application to expand its facilities, prompting a federal lawsuit initiated in January 2023. The arbitration decision determined that Oyster Bay would be responsible for $5,029,199 in legal fees, with its insurance covering half of that amount. The town's officials had cited concerns about increased traffic as a reason for denying the expansion, which aimed to triple the mosque's size.

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The settlement reached in October 2023 allowed for a scaled-back expansion of the mosque to a total size of 9,950 square feet, significantly less than the original proposal. The mosque's occupancy was also limited to 295 people, down from 464. As part of the agreement, the mosque will fund a crossing guard for 18 months and collaborate with the town on safety measures, including enhanced crosswalks and a new traffic caution light. Town spokesman Brian Nevin stated that the litigation resulted in meaningful safety improvements for the Bethpage community.

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The legal battles surrounding both the synagogue and mosque expansions have drawn criticism regarding the treatment of religious institutions in Oyster Bay and Old Westbury. Lawyers for the mosque argued that the town imposed stricter standards on religious facilities compared to secular ones, a sentiment echoed by the U.S. Department of Justice's Civil Rights Division. The town's recent changes to zoning laws have also been scrutinized, as they now require secular facilities to comply with the same stringent parking regulations previously applied only to religious institutions.

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While both settlements have been framed as resolutions to longstanding disputes, the underlying tensions regarding religious freedom and community standards remain. The differing responses from local governments highlight ongoing debates about the balance between community concerns and the rights of religious organizations to expand and operate freely.

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• “This consent decree may not be modified, changed or amended except in writing signed by each of the parties approved by the court,” — U.S. District Judge Gary Brown

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• “Litigation produced meaningful results for the Bethpage community, securing critical safety improvements such as enhanced crosswalks, a traffic caution light, applicant-funded crossing guards, and additional on-site parking,” — Brian Nevin, Town Spokesman

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These cases illustrate the complexities and challenges faced by religious organizations seeking to expand their facilities in affluent communities, raising questions about equity and access in local governance.

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