The City of Montreal's high-profile attempt to shut down an Outremont synagogue has flopped, as a judge decided last Thursday that the Munchas Elozer Munkas Congregation at 1030 St. Viateur has the right to continue its operations.
The city launched the case two years ago on the grounds that the synagogue, which had taken over a residential duplex in 1976, was in violation of certain zoning restrictions, as it sits in a residential area.
Superior Court Judge Andre Prevost ruled that the fact that the synagogue, used by a Hassidic group in a building owned by someone named Pinchos Freund, should be allowed to remain because it has been in operation for over 40 years and only recently did the municipal authorities demonstrate any interest in pointing out its zoning issues.
The judge also noted that the building is indeed in a residential area, but it's so close to a high street that it's very much on the edge of both worlds, so it should be recognized that it's not a purely residential spot.
The issue was initially raised when a neighbour named Mrs. Dinelle complained of noise in 2002 but her issues were apparently settled and she was satisfied.
Someone named William Morris, who does not live in the area, also complained in 2008, even though he doesn't live nearby. And the city was able to supply a petition of 200 names, many of whom live nowhere near the area.
The city launched the case two years ago on the grounds that the synagogue, which had taken over a residential duplex in 1976, was in violation of certain zoning restrictions, as it sits in a residential area.
Superior Court Judge Andre Prevost ruled that the fact that the synagogue, used by a Hassidic group in a building owned by someone named Pinchos Freund, should be allowed to remain because it has been in operation for over 40 years and only recently did the municipal authorities demonstrate any interest in pointing out its zoning issues.
The judge also noted that the building is indeed in a residential area, but it's so close to a high street that it's very much on the edge of both worlds, so it should be recognized that it's not a purely residential spot.
The issue was initially raised when a neighbour named Mrs. Dinelle complained of noise in 2002 but her issues were apparently settled and she was satisfied.
Someone named William Morris, who does not live in the area, also complained in 2008, even though he doesn't live nearby. And the city was able to supply a petition of 200 names, many of whom live nowhere near the area.