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Court Refuses To Dismiss Chabad's Claims Against Historic Commission Members

By Howard M. Friedman

In Chabad Lubavitch of Litchfield County v. Borough of Lichtfield, Connecticut, 2010 U.S. Dist. LEXIS 45677 (D CT, May 7, 2010), a Connecticut federal district court held that a town and its Historic District Commission lack standing to move to dismiss civil rights claims brought against three members of the Historic District Commission in their individual capacities. At issue was Chabad's request for approval of its plans to restore and add onto a Victorian house on the edge of the District for use as as a synagogue, community center and for classes. (See prior posting.) The Commission denied Chabad a Certificate of Appropriateness for its site plan. Chabad brought claims under 42 USC 1985(3) and 1986 charging that three Commission members conspired and neglected to prevent a conspiracy to infringe its free exercise and associational rights.

Full post as published by Religion Clause on May 12, 2010 (boomark / email).