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Property Adjudication In Lubavitch Feud is Upheld, But Injunction Reversed

By Howard M. Friedman

Earlier this week, a New York appellate court handed down another decision in the long running legal battle between two factions of the Chabad Lubavitch movement. (See prior related posting.) In Merkos L'Inyonei Chinuch, Inc. v Sharf, (NY App. Div., Feb. 3, 2009), the appellate court upheld the trial court's decision that Congregation Lubavitch, Inc. (the Messianist faction of Chabad) had no ownership interest in two adjoining properties making up the headquarters and central synagogue of the Lubavitch movement. The court held that

the existence of a divisive doctrinal dispute within the Lubavitch community does not render this action nonjusticiable, even if the facts underlying the action arise from that dispute and ... the commencement of the action was motivated by that dispute. Property disputes between rival religious factions may be resolved by courts, despite the underlying doctrinal controversy, when it is possible to do so on the basis of neutral principles of law....

However the court did reverse the award of a permanent injunction against CLI, finding that plaintiffs failed to show a threatened or probable violation of their property rights. There was no evidence linking CLI to vandalism against a plaque on the building. [Thanks to Y.Y. Landa for the lead.]

Full post as published by Religion Clause on February 06, 2009 (boomark / email).