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Kol Ami Seeks Summary Judgment on Substantial Burden
On November 4, Congregation Kol Ami moved for partial summary judgment on its claim that Abington Township has imposed a "substantial burden" on the Congregation's religious exercise in violation of RLUIPA Section 2(a). The burden arose when the Township denied the Congregation its application to use Villa Nazareth -- a former convent that included a 250-seat chapel, as well as classroom, office and other meeting space -- as a synagogue and permanent home for the Congregation.
Since this litigation was filed in April 2001, Abington zoning officials have succeeded in chasing Congregation Kol Ami out of the Township. After several more years of searching within Abington without success, the Congregation looked in neighboring Cheltenham Township and eventually found a home there -- and obtained zoning approvals with ease. To purchase the Cheltenham property, Kol Ami had to sell Villa Nazareth to developers, who have since razed it in order to build ten luxury homes in its place. Also during that time, the Congregation has lost approximately one quarter of its membership.
As our summary judgment brief explains, these (and other) undisputed facts constitute a "substantial burden" within the meaning of RLUIPA Section 2(a).