News

By Sallie James

    The controversy surrounding a proposal to build an Orthodox synagogue and Israel museum east of the Intracoastal Waterway continues to swirl in a legal game of back-and-forth.
    The winner in the latest round? Chabad of East Boca. But it’s likely not over yet.
    The saga took another twist in late July when a federal judge dismissed a lawsuit that claimed the city gave Chabad of East Boca special treatment when it approved plans for the ambitious project, at 770 E. Palmetto Park Road, in May 2015.
    The lawsuit, filed by city activists Kathleen Barr MacDougall and Gerald Gagliardi in February 2016, accused the city of ignoring parking deficiencies and approving a building that exceeded allowed sizes and approving deviations and variances that did not meet legal criteria.
    “This is just one step in what will probably be a lengthy process,” MacDougall said.
    In his ruling on a motion to dismiss, U.S. District Judge Kenneth A. Marra said MacDougall and Gagliardi had no standing to challenge the city’s decision because they failed to prove that they had suffered an injury as a result of the city’s actions. The duo specifically failed to demonstrate how the change in zoning laws harmed them and failed to prove how a building can be “injurious” without stating how it causes injury, according to the ruling.
    “Plaintiffs failed to prove any injury at all, let alone one that is concrete and polarized,” Marra wrote in the July 21 decision. “Plaintiffs’ argument that they have established injury in fact lacks merit.”
    Arthur Koski, attorney for MacDougall and Gagliardi, said he planned to file an amended complaint.
    Rabbi Ruvi New acknowledged the possibility of facing an amended complaint in the federal lawsuit but said he is confident Chabad of East Boca will prevail.
    “It’s not ending as quickly as we would have liked. We would have preferred to not be in any litigation. It will, God willing, come to an end and we will build,” New said.
    In early June, a separate lawsuit went against the Chabad when a three-judge Palm Beach Circuit Court panel ruled that Boca officials erred in giving officials permission to build.
    The judges said the city should have disallowed the project outright or followed a city code requiring 239 parking places.
    “The city may not pick and choose which sections of the City Code will apply to the ‘My Israel Center,’” according to their June 6 decision.
    David Roberts, the owner/broker of Royal Palm Properties across the street from the proposed synagogue, asked the court in the August 2015 lawsuit to review the City Council’s approval of the site plan, saying it “departed from the essential requirements of the law.”
    Plans for the sprawling 18,000-square-foot synagogue and museum have been a sore spot with homeowners who live on the barrier island and complain the project provides too little parking and will snarl traffic. Residents are also upset that council members voted to allow the proposed synagogue’s height to exceed the 30-foot limit allowed by city code and rise to 40 feet, 8 inches, claiming the project’s increased height would set a precedent for future, taller developments that could ruin the area’s ambiance.
    The Chabad has been trying to find a larger place to meet for years, and Roberts’ lawsuit was the second time parking tripped up its plans. In 2008 the congregation wanted to move into a 23,000-square-foot building near Mizner Park, but was not able to meet parking requirements there.
    Proponents claim the open parcel on East Palmetto Park Road is perfect for Chabad of East Boca’s state-of-the-art synagogue and world-class, interactive Israel museum and will increase area property values. They disagree with claims of increased traffic, noting that Chabad members walk to services per their religion.
    Opponents insist that such a facility’s use will be too intense for the site and will drive extra traffic into an already congested area also critically affected by the ups and downs of the Palmetto Park Road drawbridge. They also claim the height will be intrusive.