Long Island Town Ordered to Pay $19 Million for Blocking Chabad Synagogue Construction

After nearly two decades of legal disputes, the Village of Old Westbury, located on Long Island, has been ordered to pay $19 million to Lubavitch of Old Westbury, a local Chabad center. This settlement stems from claims that village officials unlawfully obstructed the construction of a synagogue on property owned by Rabbi Aaron Konikov. The legal battle began in 2008 after the village enacted a law in 2001 that restricted places of worship to plots of 12 acres or more, while Konikov's property is only 9 acres. In October, U.S. District Judge Gary Brown ruled that the 2001 ordinance “unconstitutionally discriminates against the free exercise of religion and is therefore facially invalid.”

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As part of a consent decree signed by Judge Brown on March 18, the Village of Old Westbury will pay the $19 million settlement through its insurance providers. The decree stipulates that it cannot be modified without written consent from all parties involved. Rabbi Konikov's attorney, Eric Robinson, expressed gratitude for the resolution, emphasizing the long struggle faced by Konikov over the past 34 years. The settlement allows for the construction of a new synagogue, with preliminary plans indicating a 20,875-square-foot building and an adjacent parking lot. Lubavitch of Old Westbury has until January 15, 2027, to apply for a special-use permit from the village to proceed with the construction.

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This ruling is significant for the Chabad-Lubavitch movement, which has frequently encountered legal challenges in establishing centers. The case highlights ongoing issues related to religious freedom and local zoning laws. The settlement not only resolves the specific dispute in Old Westbury but also sets a precedent for similar cases involving religious organizations facing zoning restrictions.

Times of Israel

While the ruling has been welcomed by Rabbi Konikov and his supporters, it also raises questions about the balance between local governance and religious rights. Critics may argue that such settlements could lead to increased tensions between local authorities and religious groups, particularly in communities where zoning laws are strictly enforced.

The Jerusalem Post

Judge Gary Brown noted in his ruling that the consent decree was a product of full participation from both parties in its negotiation and drafting. He stated, “This consent decree may not be modified, changed, or amended except in writing signed by each of the parties approved by the court.” Rabbi Konikov's attorney highlighted the importance of the ruling for the community, stating that they look forward to building facilities for worship and learning.

The Jerusalem Post

• “Rabbi Konikov struggled for 34 years to reach this point. He is grateful for the Constitution and the involvement of the Court,” — Eric Robinson, Attorney for Rabbi Konikov.

The Jerusalem Post

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

The Jerusalem Post

This case underscores the complexities surrounding religious construction in local jurisdictions and the ongoing dialogue about the intersection of zoning laws and religious freedoms.

Times of Israel