Listernick v. City of Newton

This was a case brought by the neighbors to a synagogue challenging the granting of a building permit to allow a synagogue to build a new larger sanctuary. The firm represented Congregation Shaarei Tafilah, a synagogue, which sought to expand its sanctuary, which was located in a residential neighborhood. The City of Newton at first refused to grant a special permit and later granted a special permit with conditions relating to the number of parking spaces. The neighbors sought to require the synagogue to build more parking spaces than required by the special permit and more spaces than could fit on the property, but which were arguaby required by the Newton zoning laws. The firm successfully upheld the granting of the special permit requiring only the building of the smaller number of parking spaces on grounds of freedom of religion, particularly given the fact the members of the congregation did not drive to the synagogue on either the sabbath or other important Jewish holidays.