News

By Sallie James

    Two activists have sued Boca Raton in federal court, claiming their rights to equal protection and due process were violated when the city created a zoning classification that paved the way for a controversial synagogue.
    The four-count lawsuit filed Feb. 4 by Gerald Gagliardi and Kathleen MacDougall accuses the city of wrongly approving a zoning classification specifically tailored to allow construction of Chabad of East Boca on .81 acres east of the Intracoastal Waterway at 770 E. Palmetto Park Road. The Boca Raton City Council approved plans for the towering Orthodox synagogue and museum in May 2015.
    The lawsuit claims the city violated Gagliardi and MacDougall’s constitutional rights by creating “unconstitutional legal classifications” and asks the court to bar Chabad of East Boca from building on the property. The pair also are seeking costs, attorney fees, and compensatory and punitive damages.
    According to the lawsuit, an existing zoning classification that allowed only a “place of public assembly” on the property was revised to also include “place of worship” as a result of “secret internal and nonpublic discussions” so the 18,000-square-foot project could be built.
    “Through the city action, a singular religious group has been provided promotion, endorsement, and secret reinforcement of its religion and its religious mission through corrupt dealings of the city,” the lawsuit states.
    The lawsuit further states that the city granted “numerous unlawful variances and favorable, intentional and erroneous interpretations of the city’s code” in order to issue all necessary approvals so the Chabad project could move forward.
    The lawsuit also claims that the City Council “knowingly and improperly” ignored parking deficiencies, approved a building that exceeded allowed sizes and approved deviations and variances that did not meet legal criteria.
    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, a factor that drew outrage from many residents who worried the city’s approval of the project’s increased height would set a precedent for future, taller developments that could ruin the area’s ambiance.
    “No other religious entity has received such city assistance in exceeding established land-use laws in the history of the city,” the lawsuit states.
     Boca Raton spokeswoman Christina Biagiotti declined to comment about the lawsuit, citing pending litigation.
    For the Chabad, the lawsuit is just another bump in a road that has been fraught with difficulty. In 2008, residents fiercely protested the Chabad’s plans to move into a 23,000-square-foot building near Mizner Park and the Golden Triangle neighborhood. Those plans were scuttled after the City Council approved strict new parking requirements that the Chabad was unable to meet.
    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. The height will be intrusive, they claim.
    Rabbi Ruvi New said his congregation will not be deterred.
    “We are very positive and forward-looking. Anyone would be happy not to have to be involved in litigation, but no way is it derailing us or demoralizing us in the slightest,” New said.