In a major victory for Hinckley Allen client Congregation Shearith Israel, the Rhode Island Supreme Court recently affirmed Shearith Israel’s rightful ownership and stewardship of the historic Touro Synagogue in Newport – the oldest active synagogue building in the United States. The Supreme Court affirmed the Superior Court’s ruling in favor of Shearith Israel (in which Hinkley Allen acted as successful trial counsel), providing Shearith Israel with the right to immediate possession of the Synagogue and all paraphernalia and appurtenances thereto, and reinforcing Shearith Israel’s longstanding historical and legal right to the property, which it had leased to Congregation Jeshuat Israel.
The Court dismissed Jeshuat Israel’s arguments, including an assertion that a 1945 agreement with the federal government modified the lease between the parties and created conditions that Shearith Israel allegedly failed to meet. The Court found that Shearith Israel had properly terminated Jeshuat Israel’s holdover tenancy. The Court rejected the argument that any condition precedent or waiver barred Shearith Israel from asserting its rights under the original lease terms, and emphasized that Shearith Israel had acted within its legal rights in evicting Congregation Jeshuat Israel, a Rhode Island corporation.
For years, Shearith Israel—America’s first Jewish congregation—has faithfully upheld its role as caretaker of Touro Synagogue. This ruling validates Shearith Israel’s efforts to preserve and protect the legacy of Touro Synagogue. By affirming its ownership and authority, the Court’s decision strengthens Shearith Israel’s role as owner of this nationally significant religious and cultural landmark.
Navigating a case rooted in over a century of legal agreements and complex legal issues, Hinckley Allen attorneys successfully argued for Shearith Israel’s rightful ownership and ability to reclaim possession of the property. From securing the Superior Court judgment granting Shearith Israel immediate possession of the property after a bench trial, to the decisive Supreme Court affirmance, where the Court rejected all counterarguments, Hinckley Allen’s attorneys delivered a resounding victory for its client.
Lou Solomon, the Parnas of Shearith Israel, gave the following comment about Hinckley Allen’s efforts:
“My day job has been as a litigator for over 40 years. I think I know excellent lawyering. Hinckley Allen demonstrated excellence at every step in this difficult litigation. Their judgment was keen and unerring; their technical knowledge of the rules and talent as practitioners was extraordinary. Their approach to client service including billing was inspirational. Shearith Israel could not have been better served.”