Long Island town must pay $19M for blocking construction of Chabad synagogue

After decades of legal sparring, judge tells Old Westbury that its 2001 ordinance ‘unconstitutionally discriminates against the free exercise of religion’

JTA — After nearly two decades of legal sparring, a town on Long Island has been ordered to pay a local Chabad center $19 million, settling claims that officials unlawfully blocked the construction of a synagogue on its rabbi’s property.

Rabbi Aaron Konikov and Lubavitch of Old Westbury sued the Village of Old Westbury in 2008, after the village passed a law in 2001 governing places of worship as Konikov sought to build a synagogue on his property.

Local officials enacted the law two years after Konikov planned a ceremony to announce a new building on the land where he already operates a synagogue. They decreed that houses of worship could be built only on plots of 12 acres or more. Konikov owns a 9-acre plot.

In October, US District Judge Gary Brown ruled that the 2001 ordinance “unconstitutionally discriminates against the free exercise of religion and is therefore facially invalid.”

Old Westbury agreed to pay the plaintiffs in the suit $19 million as part of a consent decree, which was signed by Brown on March 18, Newsday reported this week.

“This consent decree may not be modified, changed or amended except in writing signed by each of the parties approved by the court,” Brown wrote. “Each party participated fully in the negotiation and drafting of the terms of this decree, and any ambiguity shall not be construed against any party.”

Kornikov did not respond to requests for comment on Monday. But he may soon be switching into construction mode for his long-hoped-for synagogue, for which preliminary plans show a 20,875-square-foot building and an adjacent parking lot.

The $19 million payment will be made by the village’s insurance providers, and Lubavitch of Old Westbury has until Jan. 15, 2027, to apply for a special-use permit from the village to build a synagogue, according to Newsday.

The ruling marks a notable victory for emissaries of the Chabad-Lubavitch movement, who have often been met with legal challenges when establishing centers. Last July, the Village of Atlantic Beach in New York agreed to pay Chabad of the Beaches $950,000 to settle a legal battle over the construction of a new community center.