March 2, 2006
Shul’s Stormy Saga
With its prominent location at one of Hancock Park's busiest intersections, at Third Street and Highland Avenue, Congregation Etz Chaim's boxy, domed building constantly reminds area residents of a decade of ongoing tensions.
The current focus of the dispute is a lawsuit that has reached the Ninth Circuit Court of Appeals. Neighbors sued in 2003, saying the congregation skirted due process and violated local zoning laws when it razed a 3,600-square-foot home and built an 8,200-square-foot structure with a main sanctuary, a library and a mikvah (ritual bath) in the basement.
But the conflict has even deeper roots, to when the congregation still met at the June Street home of Rabbi Chaim Rubin. Even then, neighbors contended that the daily and Shabbat services violated residential zoning laws. Then, in 1995, Congregation Etz Chaim moved from Rubin's house, where it had been meeting for 30 years, since his father founded the congregation, to the house on Highland Avenue. In 1996, after the city, at the behest of the neighbors, tried to prevent the congregants from holding services on Highland Avenue, Etz Chaim sued the city in federal court for violating its religious freedom.
The zoning board, city council and federal court all ruled against Etz Chaim. But the shul got an 11th-hour reprieve by citing a federal law, enacted in 2000, that exempts religious institutions from local zoning. The city and Etz Chaim then entered into a settlement, permitting worshippers in the building. The pact also allowed for limited renovations that would retain the structure's residential look.
In 2002, the congregation razed the 3,600-square-foot home. The city obtained a temporary stop-work order, saying the demolition and new construction violated the settlement, but courts later lifted that order. The congregation moved forward with the $1 million project, erecting its 8,200-square-foot structure, which its leaders say was designed to blend in with other homes - a claim some neighbors find laughable.
That brings matters to the current lawsuit, which is awaiting a trial date before the U.S. Ninth Circuit Court of Appeals. In 2003, the League of Residential Neighborhood Associations, composed of area residents, formed to sue Etz Chaim and the city. In the suit, residents assert that the settlement itself was illegal - that it went around city procedures designed to include neighbors in such decisions, since zoning laws should have forbidden the congregation from meeting in that location.
Meanwhile, the city also sued the congregation, saying the new construction violated the settlement agreement. That suit is also before the Ninth Circuit.
Etz Chaim, for its part, is arguing that the settlement is valid, that it did not violate the settlement and, that, in any case, federal law exempts it from zoning regulations.