In August, the city of Los Angeles agreed to settle a case with Congregation Etz Chaim on Highland Avenue for $950,000, after a U.S. District Court judge ruled that the city violated the Religious Land Use and Institutionalized Persons Act.

The city of Los Angeles denied Congregation Etz Chaim’s conditional use permit for its property on Highland Avenue. (photo by Aaron Blevins)

The congregation had sought a conditional use permit to operate a synagogue at 303 Highland Ave. almost 18 years ago, and city officials had twice denied the congregation’s permit request.

“We’re very happy that Councilman Paul Koretz saw that it was time to move on and put this matter to rest, and hopefully the community now can get back to what it should be doing, filling potholes, graffiti, lighting, etc.,” said Stanley Treitel, congregation member and community activist. “We should really all be concerned about those issues.”

He said the settlement money will primarily be used to pay legal fees and consultants related to the case. Treitel said some of the funding may be used to benefit the congregation.

“This wasn’t done on a pro bono basis,” he added.

Treitel said the congregation continues to operate as normal, and it is not a “huge mob scene” during days of worship. He said approximately 50 people attend services there.

“That’s the way it’s going to be kept,” Treitel said, adding that Congregation Etz Chaim is a positive addition to the community and a good neighbor.

According to an outline provided by the city, officials denied the congregation’s application for the property on Hancock Park, an area zoned solely for residential use. However, after Congress passed the Religious Land Use and Institutionalized Persons Act, the city entered into a settlement agreement that authorized the use of the property for worship with certain restrictions. Neighbors sued the city, alleging that the agreement was void. The district court dismissed the complaint, and ruled in favor of the city. However, the agreement was eventually rendered invalid and unenforceable. The city then filed suit against the congregation.

A court document spells out some of the restrictions placed on the property as part of the settlement, but Treitel said the agreement is still being finalized.

According to the document, the congregation is not to have any religious service or gathering except between 7 a.m. and one hour after sundown. No more than 15 people can gather for religious services during weekdays, “except that the number may be between 16 and 20 no more than two times per month.”

Additionally, Congregation Etz Chaim must have no more than 50 people during any religious service on the Sabbath, except on High Holy Days, when an additional 10 people are allowed. It must limit the number of vehicles driven by its members during weekdays to six.

Further, the synagogue must prohibit its members from driving to or parking within three blocks of the property for the purpose of attending services or engaging in activities related to the Sabbath or High Holy Days. The congregation must also refrain from hosting weddings, receptions, banquets, fundraisers, a day care or funerals. No signs are allowed on the property as well.

The Los Angeles City Attorney’s Office declined to comment on the settlement. While the property was originally within the jurisdiction of Council District 4, it is now in the district of Councilman Paul Koretz, 5th District, due to redistricting.

“I am glad that we were able to come to an agreement and put eighteen years of litigation behind us,” Koretz said in a statement. “The costs of continuing such litigation might have involved a much greater amount.”