Temple Beth Am is taking its case to the Village of Pinecrest in an attempt to modify a restrictive covenant with the Pinecrest Civic Association (PCA).

The latest development comes on the heels of the synagogue’s voluntary dismissal of a lawsuit it filed in Miami-Dade Circuit Court that sought to terminate the entire agreement.

In the early 1970s, the congregation and PCA started addressing the temple’s need to expand its facilities because of anticipated increased membership. The two parties reached a mutual agreement in 1981 and formalized it into a restrictive covenant, which had a term of 30 years.

Some 15 years later, the synagogue sought to convert approximately four acres of wooded land (designated by the covenant as natural buffers) into parking lots. The PCA rejected the changes, and in June 1998, the temple filed suit to have the covenant set aside in Miami-Dade Circuit Court.

Just days before the PCA’s Motion for Summary Judgment was to be heard, the synagogue dismissed its lawsuit. In turn, the association moved for a request and on Apr. 6 was awarded attorney’s fees and costs by the judge. Although the final amount has not been determined, PCA counsel estimated its costs at approximately $25,000.

"It is clear to us that the temple was very afraid of what was going to happen at that hearing. The bottom line is that they were going to lose — and rather than lose, they decided to cut bait while they still could," said Gary Davidson, PCA’s lead counsel.

"If the temple didn’t want a ruling from the court, why did it file the law suit and then stick with it until the last minute. Obviously the temple wasn’t willing to abide by the ruling of the court. They instead manipulated the judicial system and used it in conjunction with another plan."

Temple attorney Michael Hanzman said the decision to dismiss the case had absolutely nothing to do with the upcoming summary judgment hearing. He also noted that the temple is appealing the judge’s decision regarding the attorney’s fees.

Attorney Stephen Helfman, a zoning specialist who also represents the congregation, said the synagogue changed its strategy after deciding it wasn’t in the community or temple’s best interest to void the entire covenant, but rather to try and make changes within the context of the original agreement. Helfman stressed that the covenant, agreed upon by both parties, states that minor changes can be made to it after seven years, as long as the following three criteria are met: Dade County (now Pinecrest) must approve the change by a two-thirds vote, the change cannot violate the basic spirit and intent of the agreement and the change cannot effect certain berms along the perimeter of the property.

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