The battle for land between Village of Atlantic Beach and Chabad of the Beaches

The legal fight between the Village of Atlantic Beach and the Chabad of the Beach, in Long Beach, over two Atlantic Beach properties continues in federal court.

The Chabad purchased both vacant properties, at 2025 and 2035 Park Street, for $950,000 over two years ago from M.A. Salazar Inc., a real estate company. The parcel at 2025 Park was the site of a Capital One bank, and the Salazar family had owned the adjacent lot, which once housed the company’s office, since 1938. The properties total 18,500 square feet.

The Chabad intended to open a community center for Jewish programming, education and a place of worship. But two weeks after the purchase in November 2021, the village announced plans to take over the property through eminent domain to build a community center of its own, including a recreational facility that would house village lifeguard operations.

Eminent domain is a legal procedure in which the owner of property that is acquired by federal, state or local government is compensated for its value.

The legal battle began last July, when the Chabad sued the village, seeking to prevent its acquisition of the properties. Two months later, U.S. District Court Judge Joanna Seybert issued a preliminary injunction against the village’s claim of eminent domain while the lawsuit remains active.

“It remains in effect,” Jeremy, an attorney from the First Liberty Institute who is representing the Chabad, said of the injunction. “Both parties are certainly discussing how to resolve the matter without needing to pursue further litigation.”

First Liberty Institute is a nonprofit based in Texas that defends religious organizations in cases focusing on the First Amendment.

Last July, Rabbi Eli Goodman, the leader of the Chabad, told the Herald that he thought antisemitism was behind Atlantic Beach’s actions after the Chabad disclosed what the property would be used for.

In an Aug. 1, 2022, letter posted on the village’s website, Mayor George Pappas dismissed the criticism. “Chabad Lubavitch of the Beaches has alleged in its lawsuit that the Village’s efforts to acquire 2025 Park Ave. was motivated by discrimination,” he wrote. “We strongly deny this accusation.”

Pappas did not respond to requests for comment.

“What the rabbi is interested in, as he has been from the beginning, is simply being a valuable member of the Atlantic Beach community — someone who will provide a good resource to that community,” Dys said, “and my suspicion is that the village is simply about being a village and providing for good resources and a good living environment for their community.”

Dys said that First Liberty has been involved in numerous cases in which cities, towns or villages have initiated eminent domain proceedings against religious institutions. He mentioned the “Fifth Ward Case,” in 2015, in which two churches in Houston were being threatened by the Houston Housing Authority, which had plans to bulldoze older establishments and make way for new businesses that would pay more taxes. First Liberty filed suit against the housing authority, and the authority withdrew eminent domain proceedings.

“We get excited about these cases,” Dys said. “We make sure that religious institutions have the ability to provide the good work that they provide to the community in which they hope to operate.”

“Chabad of the Beaches is grateful to be able to serve the community of the barrier islands,” Goodman said, “and hopes to be a valuable part of the Atlantic Beach community.”

Have an opinion on the legal wrangling between Atlantic Beach and the Chabad of the Beaches? Send a letter to jbessen@liherald.com.