RI congregation loses court fight over Touro Synagogue + court ruling – The Providence Journal

Posted By on August 3, 2017

Mark Reynolds Journal Staff Writer mrkrynlds

PROVIDENCE, R.I. Newport's Touro Synagogue, the nation's oldest, and its set of silver bells worth more than $7 million are now controlled by the nation's oldest Jewish congregation, ShearithIsrael, in New York City.

The U.S. First Court of Appeals for the First Circuit in Boston issued its decision Wednesday, reversing a lower court's ruling in 2016.

Last year, U.S. District Court Judge John McConnell Jr. had declared the Congregation Jeshuat Israel in Newport is the synagogues rightful caretaker and overseer of the buildings valuable artifacts, naming it as the trustee.

Shearith Israel had strayed from its obligation to ensure public Jewish worship at Touro, according to McConnells ruling on the conflict.

In their decision Wednesday, the three judges of the appeals court argued that at one time, Shearith Israel, a Sephardic congregation, had cared for the synagogue.

This was during a period from the Revolutionary War through the War of 1812, when the Jewish population in Newport virtually vanished, says the appellate decision.

During this period, it says, the New Yorkers also protected the rimonim bells in New York.

The decorative silver finial bells had been crafted in the 1700s by renowned Colonial silversmith Myer Myers.

In the 19th century, a Jewish population took root once again in Newport, the decision says.

The current legal dispute over who controls the synagogue and the bells broke out in 2012 when Rhode Island congregation asked a Rhode Island court for designation as owner of the bells.

The move would have cleared the aisle for the Newport congregation to sell the bells to the Museum of Fine Arts in Boston for $7.4 million. The museum later withdrew the offer.

The New York congregation took the case to federal court, losing before McConnell but prevailing in the appeals court.

Gary Naftalis, a lawyer for the Newport congregation, said he was disappointed by the ruling and was exploring legal options, according to a Reuters report.

In a statement, Congregation Shearith Israel said its gratified by the First Circuits decision reaffirming its lawful, outright ownership of Newports Touro Synagogue and the precious rimonim at issue.

Until our holdover tenant Congregation Jeshuat Israel tried to sell the rimonim and sued us in Rhode Island, Shearith Israel had sought to preserve the Touro Synagogue as an active house of worship. We will continue in our historic role and look forward to putting this unfortunate litigation behind us.

CORRECTION: The original version of this story contained an incomplete version of the name of Congregation Jeshuat Israel.

With reports from Katie Mulvaney, Journal staff writer.

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RI congregation loses court fight over Touro Synagogue + court ruling - The Providence Journal

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