Litchfield First Selectman Leo Paul, Jr. announced Wednesday that all claims against the town have been dropped from a civil rights lawsuit filed by the Chabad Lubavitch of Litchfield County in federal district court. 

 “This groundless case against the town should never have been filed in the first place, and we are very pleased that our lawyers were able to secure the town’s removal from it so quickly,” Paul said in a press release.

The town was removed from the lawsuit after it filed a Sept. 29 motion to dismiss the charges, because the town has no jurisdiction in the matter.  The town was represented by James K. Robertson, Jr. of Carmody & Torrance in Waterbury.

The plaintiffs recently filed an amended complaint that names only the Borough of Litchfield, the borough’s Historic District Commission and borough officials as defendants in the case, said Kenneth R. Slater, Jr. of Halloran & Sage in Hartford, the Chabad’s local counsel.

U.S. District Court Judge Janet C. Hall issued a statement Wednesday that confirmed the town is no longer part of the lawsuit. 

Rabbi Joseph Eisenbach and members of the Hasidic Jewish group claim their religious and civil rights were violated in 2007 when the Historic District Commission denied their application to build a religious temple at 85 West Street in the borough.

HDC officials have said they denied the application, because it was too big.  Eisenbach sought to turn the historic house into a temple five times its current size.  The commission said it would approve an addition to more than double the size.

In other action Wednesday, the borough’s special counsel filed a motion to dismiss two counts in the lawsuit that allege the defendants conspired to violate the plaintiffs’ rights.

“The problem is they don’t name any conspirators,” said Mark Shipman of Shipman, Sosensky & Marks of Farmington, who represents the borough and the HDC in the lawsuit.

The complaint alleges 12 causes of action.  Count Nine alleges there was a civil conspiracy involving individual defendants.  Count Ten claims the individual defendants failed to prevent the violations and the civil conspiracy that affected the plaintiffs’ rights.  The counts do not say who was responsible for each action.

Slater said he will answer Shipman’s motion within the next three weeks.

Shipman expects the case will go to trial.

“I don’t think it will be resolved early,” he said.

The lawsuit was filed in federal district court, because it refers to rights protected by the U.S. Constitution and Religious Land Use and Institutionalized Persons Act, passed by Congress in 2000.

The borough carries insurance that covers legal fees for defending borough officials.

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