we conclude the [trial] judge properly employed the neutral principles approach to consider and determine only "those disputes involv[ing] purely secular issues" that were capable of resolution "without the judiciary becoming enmeshed in matters of faith or doctrine."New Jersey Jewish News reports on the decision.
Wednesday, July 31, 2013
Court Upholds Sale of Synagogue
In Chomsky v. Sewitch, (NJ App., July 23, 2013), the New Jersey Superior Court Appellate Division rejected an attack on the sale of an Orthodox synagogue building in Perth Amboy to Science of Spirituality, Inc. Plaintiffs argued that the congregation was bound by Jewish religious law which prohibits the sale of the building to a non-Jewish religious organization. They claimed that the dispute should be transferred to a beth din (Jewish religious court). Finally they argued that the synagogue's actions involved self-dealing, violated the congregations's bylaws and violated the New Jersey non-profit law. Plaintiffs then commenced their own action in a beth din. Affirming the trial court, the appeals court said:
