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Old 01-29-2004, 06:02 AM   #1 (permalink)
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How to run a Synagogue out of town

The town of Surfside, FL, is trying to drive an Orthodox Synagogue out of its commercial district, claiming it has a legal right to protect its tax base.

Has anyone there heard of the First Amendment? You know, the part about free exercise of religion?

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Old 01-29-2004, 06:11 AM   #2 (permalink)
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I can see a point that its zoned as a commercial district.
I don't know the laws on where churches fit into zoning, but I'd assume it would be for a residential zone.
I will say if they keep up with the argument "It hurts our income and tax base" they won't get far because those are BS reasons to kick out a church of any religion.
I think if the church can prove there are other property owners that are not "commercial" they should be able to win the case as they must stay consistent.
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Old 01-29-2004, 06:39 AM   #3 (permalink)
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This should be easy to resolve. If it was legal when it was started it is legal now if it was not it is not. If it was not covered by ordinance it is legal because of the Florida "grandfather law" that lets prior use prevail. In some cases prevailing use can't be improved upon or sold and or inherited.
I know this because of a business I had in an area that became zoned as residential,I could sell the assets but not the location to do business.
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Old 01-29-2004, 11:55 AM   #4 (permalink)
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just what i was about to say whitebeard! it all depends on how they started...if they legally built the place (legal zoning at the time) then they have every legal right to be there. how old is this synagogue anyways?
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Old 01-29-2004, 12:14 PM   #5 (permalink)
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Ahh, the synagogue doesnt bring in money like the bars and clubs etc.

Anyone see a deeper issue than Contitutional rights?
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Old 01-29-2004, 02:03 PM   #6 (permalink)
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Quote:
Originally posted by whitebeard21
This should be easy to resolve.
Lawyers are not inclined to make anything easy.
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Old 01-29-2004, 05:29 PM   #7 (permalink)
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Quote:
Ahh, the synagogue doesnt bring in money like the bars and clubs etc.

Anyone see a deeper issue than Contitutional rights?
yeah that about sums it up...it doesn't make money so the leaders don't want it. and of course the fact that it's a jewish synagogue not a christian church probably doesn't help much either (sorry but it's true), but mostly it's about money... i wouldn't be surprised if one of the guys pushing this is doing it because he wants to open his own business there or something
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