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ELMORA HEBREW CENTER, INC. v. FISHMAN

125 N.J. 404 (1991)

593 A.2d 725

ELMORA HEBREW CENTER, INC., A RELIGIOUS CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. YALE M. FISHMAN, CHARLES APTOWITZER, MARK MASON AND BRUCE BUECHLER, DEFENDANTS-RESPONDENTS, AND HOWARD POLLICK, DEFENDANT.

The Supreme Court of New Jersey.

Decided July 29, 1991.

Attorney(s) appearing for the Case

Russell M. Woods argued the cause for appellant (Woods & Trembulak, attorneys).

Yale M. Fishman argued the cause for respondent pro se.

Arnold S. Cohen argued the cause for respondents Charles Aptowitzer, Mark Mason and Bruce Buechler (Balk, Oxfeld, Mandell & Cohen, attorneys).

Ronald K. Chen submitted a brief on behalf of amicus curiae American Civil Liberties Union of New Jersey.

Lenore Davis submitted a brief on behalf of amicus curiae National Jewish Commission on Law and Public Affairs.

The opinion of the Court was delivered by HANDLER, J.

This case presents the question of when a civil court's power to adjudicate actions involving religious parties or issues may be limited by the strictures of the constitutional separation of church and state. It arises from a dispute over a synagogue's employment of a rabbi. In its efforts to terminate the rabbi's employment, the synagogue filed this action in Superior Court, Chancery Division. The trial court...

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