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Friday January 18, 2008

Judge’s ruling likely to back Kol Shofar

by joe eskenazi
staff writer

A tentative ruling released Jan. 14 by Marin Superior Court Judge James Ritchie countered every argument made by anti-expansionist neighbors in their lawsuit against the town of Tiburon over Congregation Kol Shofar’s proposed building project.

“Petitioner’s contention that the [Environmental Impact Report] did not contain a reasonable range of alternatives to the project nor proper mitigation measures, ignores the detailed administrative record,” reads one paragraph of the ruling, which in eight pages refutes dozens of complaints made by the Tiburon Neighborhood Coalition.

Bruce Raful, a member of Kol Shofar’s building committee, noted that every point the judge made came out in the synagogue’s favor.

Ritchie heard oral arguments on the case on Jan. 15 and said he would issue his final ruling shortly. If — as seems likely — the judge sides in Tiburon and Kol Shofar’s favor, the neighbors will have 60 days to file an appeal. While it is not unusual for the District Court of Appeals to take years to hear a case, Kol Shofar is not prohibited from going ahead with its proposed addition of an 8,300-square-foot multipurpose room and 3,662 square feet of new classroom space. The synagogue plans to break ground in October.

“We’re definitely happy with the direction things are going,” said synagogue president Stephen Fierberg. “And as far as our planning and moving forward, we are right on schedule.”

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