Highlights Of Synagogue's Federal Lawsuit Against Litchfield, CT Hysterical District Commission

Editor's Note:
Some are more equal than others ....


HISTORY

45. The Oliver Wolcott Library is an addition to a residential structure which is one of the most historically significant residential structures within the Historic District of the Town. It consists of a historically significant home to which is attached a substantially sized addition. The square footage of the rear addition to Wolcott's historic home is larger than the house itself, the addition extends way beyond the existing building at the south side of the structure. It is not half the size of the historic home - it is larger than the Wolcott's historic home. The Defendants approved these changes to the Wolcott's historic home.

46. The Rose Haven home is located on North Street within the Historic District of the Town. Like Plaintiffs' Property, the Rose Haven home is an historic Deming house which also has an extensive rear addition that is much larger than the residential home structure. The Defendants approved these changes to the Rose Haven's historic home.

47. Another originally historic home within the Historic District of the Town houses the Cramer & Anderson law firm. The Defendants approved an addition nearly doubling the size of the original historic home's structure.

48. The Town's Hall is within the Historic District of the Town. In 2007, the Town's Hall was nearly 7,884 square feet. The Defendants approved a planned addition to the Town Hall making it nearly 20,000 square feet.

49. Christian religious facilities within the Historic District of the Town exceed the building area to a lot size proposed by Plaintiffs' Certificate of Appropriateness.

50. Christian religious facilities within the Historic District of the Town modified their structures in manners exceeding the modifications proposed by Plaintiffs' Certificate of Appropriateness.

51. A Christian religious facility within the Historic District of the Town exceeds the height proposed by Plaintiffs' Certificate of Appropriateness.

52. Plaintiffs' proposed Certificate of Appropriateness is consistent with other houses of worship within the Historic District of the Town.

53. Plaintiffs' proposed Certificate of Appropriateness is consistent with the historical and current patterns of development within the Historic District of the Town.


RELIEF SOUGHT

WHEREFORE, Plaintiffs pray for Judgment as follows:

On the First through Fifth Causes of Action:

A. Declaratory judgment holding the decisions and actions of the Defendants to be unconstitutional and illegal under the United States Constitution;

B. Annulment of those decisions and actions pursuant to the Town's Policies that violate the Plaintiffs' civil rights and permanent injunctive relief enjoining all Defendants from unconstitutionally and illegally applying the Town's Policies and laws;

C. Declaratory judgment declaring that the Plaintiffs' use of their Property as a Temple and place of worship is permitted, subject to legitimate health and safety review;

D. Appointment of a federal monitor to ensure that the Defendants comply with all orders of this Court by overseeing the actions of the Defendants so as to entitle the Plaintiffs to the relief awarded by the Court and to report to the Court as needed;

E. Compensatory and/or nominal damages against Defendants as the Court deems just for Plaintiffs' monetary expenses;

F. Compensatory and/or nominal damages against Defendants as the Court deems just for the loss of Plaintiffs' constitutional rights;

G. Costs and expenses of this action, including a reasonable attorneys' fee award, in accordance with 42 U.S.C. § 1988, and other applicable law, and other taxable costs under Title 28 U.S.C. § 1920;

H. Such other and further relief as the Court deems equitable, just, and proper;

I. That the Court adjudge, decree, and declare the rights and other legal relations of the parties to the subject matter here in controversy, in order that such declarations shall have the force and effect of final judgment; and;

J. That the Court retain jurisdiction of this matter for the purpose of enforcing the Court's orders.

On the Sixth through Eighth Causes of Action:

A. Declaratory judgment declaring that the Defendants have violated Plaintiffs' rights under RLUIPA;

B. Annulment of those decisions and actions pursuant to the Town's Policies that violate the Plaintiffs' statutory rights under RLUIPA and permanent injunctive relief enjoining all Defendants from illegally applying the Town's Policies and laws;

C. Declaratory judgment declaring that the Plaintiffs' use of their Property as a Temple and place of worship is permitted, subject to legitimate health and safety review;

D. Appointment of a federal monitor to ensure that the Defendants comply with all orders of this Court by overseeing the actions of the Defendants so as to entitle the Plaintiffs to the relief awarded by the Court and to report to the Court as needed;

E. Compensatory and/or nominal damages against Defendants as the Court deems just for Plaintiffs' monetary expenses and other losses;

F. Compensatory and/or nominal damages against Defendants as the Court deems just for the loss of Plaintiffs' statutory rights;

G. Costs and expenses of this action, including a reasonable attorneys' fee award, in accordance with 42 U.S.C. § 1988, and other applicable law, and other taxable costs under Title 28 U.S.C. § 1920;

H. Such other and further relief as the Court deems equitable, just, and proper;

I. That the Court adjudge, decree, and declare the rights and other legal relations of the parties to the subject matter here in controversy, in order that such declarations shall have the force and effect of final judgment; and;

J. That the Court retain jurisdiction of this matter for the purpose of enforcing the Court's orders.

On the Ninth and Tenth Causes of Action:

A. Declaratory judgment declaring that the Defendants have conspired to violate, and failed to prevent a conspiracy to violate, Plaintiffs' rights protected under the United States and Connecticut Constitutions and Plaintiffs' rights protected under federal and Connecticut statutes;

B. Appointment of a federal monitor to ensure that the Defendants comply with all orders of this Court by overseeing the actions of the Defendants so as to entitle the Plaintiffs to the relief awarded by the Court and to report to the Court as needed;

C. Compensatory and/or nominal damages against Defendants as the Court deems just for Plaintiffs' monetary expenses and other losses;
D. Compensatory and/or nominal damages against Defendants as the Court deems just for the loss of Plaintiffs' statutory rights;

E. Costs and expenses of this action, including a reasonable attorneys' fee award, in accordance with 42 U.S.C. § 1988, and other applicable law, and other taxable costs under Title 28 U.S.C. § 1920;

F. Such other and further relief as the Court deems equitable, just, and proper;

G. That the Court adjudge, decree, and declare the rights and other legal relations of the parties to the subject matter here in controversy, in order that such declarations shall have the force and effect of final judgment; and;

H. That the Court retain jurisdiction of this matter for the purpose of enforcing the Court's orders.

On the Eleventh and Twelfth Causes of Action:

A. Declaratory judgment holding the laws and actions of the Defendants to be unconstitutional and illegal under the Connecticut Constitution, and Connecticut's Religious Freedom Act;

B. Annulment of those decisions and actions pursuant to the Town's Policies that violate the Plaintiffs' civil rights and permanent injunctive relief enjoining all Defendants from unconstitutionally and illegally applying the Town's Policies and laws;

C. Declaratory judgment declaring that the Plaintiffs' use of their Property as a Temple and place of worship is permitted, subject to legitimate health and safety review;

D. Appointment of a federal monitor to ensure that the Defendants comply with all orders of this Court by overseeing the actions of the Defendants so as to entitle the Plaintiffs to the relief awarded by the Court and to report to the Court as needed;

E. An award of Plaintiffs' costs and disbursements; and

F. Such other and further relief as the Court deems equitable, just, and proper;

G. That the Court adjudge, decree, and declare the rights and other legal relations of the parties to the subject matter here in controversy, in order that such declarations shall have the force and effect of final judgment; and;

H. That the Court retain jurisdiction of this matter for the purpose of enforcing the Court's orders.

DEMAND FOR JURY TRIAL
Plaintiffs respectfully request a trial by jury of all issues so triable.

Quotes Of The Day

The Synagogue That Will Not, And Should Not, Go Away