Photo: Jacques Nadeau Le Devoir
A resident of Outremont, addressed to the superior Court, Wednesday, to try to block the project of the synagogue on Bernard avenue.
A resident of Outremont, addressed to the superior Court, Wednesday, to try to block the project of the synagogue on Bernard avenue. Karim Ben Rhouma request to the Court to cancel the agreement between the borough of Outremont and Place Bernard, a company controlled by Michael Rosenberg, and to cancel the resolution allowing the planning of the place of worship on the commercial artery.
In his appeal, revocation of judgment, Mr. Ben Rhouma, a merchant of Bernard avenue, argued that, by entering into an agreement with Place Bernard, Outremont has overridden the democratic process of the referendum held in the fall of 2016. During this referendum, the residents have clearly expressed that they do not wish for a place of worship on Bernard avenue, ” he adds.
However, the agreement reached at the beginning of the month of February goes directly against the voice and democratic rights of its taxpayers ‘dollars,” he says in his application.
Mr. Ben Rhouma accuses the district of having acted in ” bad faith “. In this regard, he cites about that would have required the mayor of Outremont, Philipe Tomlinson, during a meeting of Project Montreal, on 25 October 2017, during the election campaign. It is reported to have said about the referendum : “We need a way, when the need will be re-established feel, to find a way to work around this regulation that banned everywhere in Outremont. “
The applicant is of the opinion that the City of Montreal ” has clearly not acted in the best interest of its citizens “.
The construction of a synagogue on Bernard avenue, a main artery ” largely commercial “, will affect the economic activity, supports Mr. Ben Rhouma.
He demands the Court to declare null and void the agreement between the City and the corporation, Place Bernard because, he argues, ” a City may not adopt a resolution in contravention of its own rules “.
Mr. Ben Rhouma also asked the court to invalidate the resolution adopted by the borough council on February 4 to approve the memorandum and order of the trial initially planned.
A City may not adopt a resolution in contravention of its own rules
— Karim Ben Rhouma
Remember that in 2016, a majority of residents had voted by referendum for a law prohibiting new places of worship on Bernard avenue. Except that Bernard previously held a certificate of occupancy for the establishment of a mikveh, a jewish ritual bath, and that she had filed an application for a permit to enlarge his place of worship before the holding of the referendum. The Outremont borough having refused to grant him a permit, Place Bernard had addressed to the courts to force him to hand over this permit.
Outremont has finally reached an amicable agreement to allow the development of the synagogue. Mayor Tomlinson has justified its decision by arguing that, according to the Litigation of the City, the risk was great that the borough would lose its case if the trial would go forward.
Many residents have accused of having abdicated in the face of the owner of the building.
The office of the mayor Tomlinson has not wanted to comment on the filing of the petition for Karim Ben Rhouma. An information session on the agreement with Bernard was scheduled for Wednesday evening.