Tuesday, August 16, 2016

Deed Restrictions Upheld To Prevent Construction of Synagogue

In Welch v. Chai Center For Living Judaism, Inc., (NJ App., Aug. 15, 2016), a New Jersey appeals court upheld the enforcement of a deed restriction that prevents an Orthodox Jewish group from constructing a synagogue with classrooms, social hall and playrooms on property it owns.  The restrictions limit property use to a single-family residence. The court said in part:
We are unpersuaded by defendants' suggestion the Center must be permitted to conduct prayer groups and social gatherings as a free exercise of religion. We reject the suggestion the deed restriction unconstitutionally prohibits private religious observances within the confines of one's own home.