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Global Campus

Appeal Moves Ahead

In its brief, Chabad fights dismissal
of lawsuit against Torah Center.

I David Sachs

Senior Copy Editor

0

n Nov. 16, Oak Park-based
Chabad Lubavitch of
Michigan (CLM) filed a brief
in the Michigan Court of Appeals seek-
ing to reinstate its lawsuit against the
Sara and Morris Tugman Bais Chabad
Torah Center.
In the original Oakland County
Circuit Court case, CLM, the central-
ized leadership of the Chabad move-
ment in Michigan, sought to exercise
hierarchal authority over the Torah
Center based on a rabbinical court
ruling and demanded title to the West
Bloomfield congregation's building,
among other relief.
Judge Rae Lee Chabot dismissed the
case, saying, in part, CLM waited too
long to bring its suit under the state's
statute of limitation laws and also
that CLM failed to include the Torah
Center board in the rabbinical court
proceeding whose judgment it was
seeking to enforce.

Chabad's Statement
Upon filing its appellate brief, CLM
issued a statement saying, in part:
"Although we understood from the
beginning that this complex case could
require a process involving multiple steps
through the legal system, we are disap-
pointed that the case was dismissed by
the Circuit Court on a procedural matter
and that its fundamental issue has not
yet been judged on its merits. That is
why we are asking the Michigan Court of
Appeals to consider this case ...
"Our movement has a specific form
of governance based on Jewish law and
Lubavitch tradition. This is imperative
to the success of the movement, its
future and its ability to work together
in a cohesive manner. Any tampering
with that system would undermine the
structure of the movement ...
"We still hope that Bais Chabad and
its rabbi will change their direction
and choose to abide by the rabbinical
rulings. That would save additional
money, heartache and division within
the community.

"It is not an option of Chabad
Lubavitch of Michigan to walk away
from this case and somehow grant
independence to Bais Chabad, as that
is a right not granted to our organiza-
tion. Under Jewish law and Lubavitch
tradition, the director of this organi-
zation is entrusted by the Rebbe, of
blessed memory, and the Lubavitch
movement as a custodian to build,
protect and secure the success and
future of the movement, its property
and the funds that rightfully belong to
the organization:'

Torah Center Responds
The Torah Center has about a month
to file an opposing brief and can seek a
four-week extension. In the meantime,
it has issued a statement saying, in part:
"CLM continues to improperly
accuse the Torah Center and our rabbi
of wrongful acts, despite the fact that
the Honorable Judge Chabot dismissed
all claims against us ...
"CLM says it is not an option for
CLM to drop its appeal. Of course, it
is an option. But one that CLM stub-
bornly refuses to take. Instead, CLM
chooses to wreak havoc on our local
Jewish community ...
"The untold disruption of Torah
learning and service to HaShem can-
not be recaptured. The funds used by
CLM to sue the Torah Center, together
with those required by the Torah
Center to defend against this frivolous
lawsuit, and now this appeal, could
have been so much better used ...
CLM's petty and meritless litigation
continues to cause a shameful waste of
our precious community resources.
"CLM's claim that ownership of our
building was transferred to CLM by a
rabbinic court is not true ... Indeed,
Judge Chabot ruled that the Torah
Center was never a party to the rab-
binic court proceeding as alleged, and
that no such rabbinic ruling against
the Torah Center exists ...
"We are a small shul with limited
resources and we have been forced
to incur enormous legal fees. CLM's
appeal is now adding to the human
and financial costs:'

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JN

November 29 • 2012

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