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CONGREGATION KOL AMI v. ABINGTON TOWNSHIP

No. 01-3077.

309 F.3d 120 (2002)

CONGREGATION KOL AMI; Elliot Holin, Rabbi v. ABINGTON TOWNSHIP; Board of Commissioners of Abington Township; the Zoning Hearing Board of Abington Township; Lawrence T. Matteo, Jr., In his official capacity as Director of Code Enforcement of Abington Township Board of Commissioners of Abington Township; the Zoning Hearing Board of Abington Township; Lawrence T. Matteo, Jr., In his official capacity as Director of Code Enforcement of Abington Township, Appellants

United States Court of Appeals, Third Circuit.

Decided: October 16, 2002.

Attorney(s) appearing for the Case

Marci A. Hamilton, (Argued), Washington's Crossing, PA, Harry G. Mahoney, Carla P. Maresca, Michael L. Barbiero, Deasey, Mahoney & Bender, Philadelphia, PA, for Appellants.

Jerome M. Marcus, Jonathan Auerbach, Berger & Montague, Philadelphia, PA, Anthony R. Picarello, Jr. (Argued), Roman P. Storzer, the Becket Fund for Religious Liberty, Washington, DC, for Appellees.

D. Michael Fisher, Attorney General, Howard G. Hopkirk, Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Chief, Appellate Litigation Section, Office of Attorney General of Pennsylvania, Harrisburg, PA, for Amicus-Curiae Appellant Commonwealth of Pennsylvania.

Stefan Presser, Larry Frankel, American Civil Liberties Union, Philadelphia, PA, for Amicus Curiae-Appellees the American Civil Liberties Union of Pennsylvania and the American Jewish Committee.

Ronald A. Krauss, Campbell, Campbell, Edwards & Conroy, Wayne, Mark D. Stern, American Jewish Congress, New York, NY, for Amicus Curiae-Appellee the American Jewish Congress.

Before BECKER, Chief Judge, ROTH and RENDELL, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

Congregation Kol Ami (the "Congregation") is a Reform Jewish Synagogue that desires to relocate to a 10.9-acre parcel of land in the midst of a purely residential section of Abington Township ("Abington" or "the Township") in the Philadelphia suburbs, zoned R-1 residential under the Township Zoning Ordinance. After the Congregation entered into an agreement of sale with the Sisters of Nazareth, the current owners...

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