![Kiryas Joel Yetev Lev Shul and surrounding parking. The back of Shul [not seen in photo] Bais Yoel Ohel Feige was transformed into a small synagogue for many years and was in dispute with the big shul over ownership.](http://www.vinnews.com/wp-content/uploads/2009/09/kjsy-300x203.jpg "kjsy")
Kiryas Joel, NY – This week, a New York appellate court handed down a decision in a dispute between two factious groups, Bne’i Yoel and its neighboring Orthodox Jewish congregations in Kiryas Joel (NY), a town populated primarily by members of the Satmar Hasidic community.
Subscribe to our Daily Roundup Email
A bit of reading between the lines is necessary to understand the disputes that were ruled on by the court in Bais Yoel Ohel Feige v. Congregation Yetev Lev D’Satmar of Kiryas Joel, (NY App. Div., Sept. 22, 2009).
It appears that originally the 3,000-member Congregation Yetev Lev (“CYL”) owns the main synagogue building, surrounding parking lots and a nearby residence that was used as living quarters by its founder and chief Rabbi Joel Titelbaum Zt’l, and his Wife Alta Faige. both who are no longer alive.
In some fashion, Bais Yoel Ohel Feige (“BYOF”) took ownership of the residence in 1979 and began to use it as a synagogue. It also filed a suit under Art. 15 of New York’s Real Property Actions & Proceedings Law to confirm its ownership of the premises. CYL brought several counterclaims. One asserted that BYOF’s use of the property violated the town’s zoning code. The appellate court agreed and upheld a trial court’s injunction because the zoning code, as amended in 2007, requires a site plan review by the Village Zoning Board for operating a place of worship in a residence.
The appellate court however reversed the trial court’s award of nearly $745,000 in damages on another counterclaim by CYL which complained that individuals attending services at BYOF had continuously used CYL’s parking area. The appellate court concluded that there was no evidence that BYOF had instructed its members where to park and that, in any event, CYL had not put up signs attempting to restrict who could use its lots. Also testimony as to how many BYOF members parked there was speculative.
Finally the appellate court held that CYL retained an implied easement to access the basement and roof of the residence area to install and repair water, sewer and utility lines and HVAC equipment that apparently served CYL’s building.
We thank god for that !
finnaly.
What was the decision from the judge?
all my life I learned it was ossur to go to secular court for disputes between Jews. Yet again and again the most “frum” and chushuv organizations go to secular court for disputes. What does this tell us?
Why is this article titled Yetev Lev losses dispute? At best its a split, half lost half won!
The money CYL lost, but they won that it no longer can be used as a shul, without a village permit( which most likely the village will NOT issue) In addition the easement was also won.
Very nice. So I guess its ok for Goyim to fight the establishment of shuls, as the Yiden do it to each other! Yasher Koiach.
it’s o-k to go to secular court as long as they are not tziyonim!
Actualy CYL only won they only counterclaimed and in the claim they asked for money what they wouldn’t see a penny anyways on the other hand CYL does not have to supply them sewer and water and CYL can have their aircondition units on their roof
So bottom line they have to request a permit from KJ village to have a shul which they would most probably get and then they have to get themselves commercial sewer and water
and if they will davin with out a permit like half of the sjuls in village, what can they do?
No permits are requires just a site plan which means that once a site plan is submitted its ok to stay open and in the same token just to understand that its not Cong. Yetev Lev its one one of the cong. Yetev lev its the ones with the Aron faction the other cong. Is in the same side a s Cong Alta Figa, its for sure a Blow for the Aronist and to the Orange County court that there Rulings doesn’t hold in the Higher court. Let Hashem give us all A git Zis Yur
Wich yetev lev ? There is 2 yetev levs in kiryas yoel
How many shoul are their in the villege ?
between 55-70
Its erev yom kippur guys
between 55-70
Live and let live stop the hate
People fighting like this over a shul, might as well daven in a church! What a chulel hashem. I can gurantee you that had reb joel still been around he would have spit you all in the face and let the world know what you really are all about. And for all of you folks reading this outhere, don’t think that this is what the orthodox jews are about, it is absoluthly and factually not. These are a few rotton animals that don’t represent the jewish faith nor the jews of kiryas joel!
The math is simple, before this all started CYL was not allowed any entry into that shul and they were not allowed to use any of their facilities above or in the basement or any of their grounds, Now CYL can do what they need to on the roof for the air contions or basement etc. In summary CYL won everything except the first floor for now.
As I read the Rulling of Judge, it sound to me that KJ Khul won Big time and Benei Yoel have now a big problem:
The congregation Never have to give them more Sewer/Water/Electric then for one family house They can’t even go in court anymore for it because They lost it now, And no one can force never the cong. To do it, So even the village gives ONE THOUSANDS permit The cong. Don’t have to give more and they can’t get more because All 4 sides is Kuhel’s.
אויב דאס מיינט ‘פארלירן’ דאן וואס מיינט ‘געווינען’? איך זעה דא א געווינס פון 2 פון 3 ובפרט אז אויף די עיקר ארגינעלע קלאגע פון קהל אלטא פייגא זענען קהל יטב לב די געווינער (פארלירער בל’ ווי”ן)
To #6
They Will Get The Permit Just Like The Other Cong Yetev Lev Got It, If Not They Can Get From The Town, And By The Way, Even If They Don’t Get The Permit They Can Use It Just Like The Other Fifty Shul’s In KJ Who Operate Without A Permit! Good Week And A Good Year
Shame on you benei yoel. You showed the way 15 years ago that secular curt is the option
To “15” don’t know what you’re talking about but I’m leaving here in kj and there’s only ONE yetev lev in kj located on 12 garfield. Tzi s’shmakt tir yu tzi nisht
To all readers/writers let’s wait 6 months and see if there will be any changes
FYI, this case started when BY went to court against CYL because they shut down the sewer for BY for a few days (the water and sewer to that house is supplied through CYL, and they are using water as a commercial property, ie for the Mikvah, Showers etc, and are using the parking space from CYL), the lower court said that it can only be used for a residential home and BY has to pay back the parking, water, sewer they used in the past years illegally. However the appellate court confirmed everything from the lower court besides that they don’t have to pay back anything.
Now CYL can just change the water pipe to that house to a 3/4 inch pipe (will fill up the Mikvah in approx a week…) , they could change the sewer pipe to be enough for 2 bathrooms, and tow away any cars parked there.
in isreal when the chiloinim are questioning legal isuess like that on a new shul
it would draw headlines at satmer news papers tzionim antisemits move out of isreal rabbi joel ztl was right…….
And yet here in his very own shtatel they block other yeeden from having their own shul indeed the house rabbi joel ztl actualy lived at
is there a greater busha and charpa then this ?
Ofcourse they will spin some kind of excuse as always but we all know better then that…..