R.I. Supreme Court rules congregation can be evicted from Newport’s Touro Synagogue, the nation’s oldest synagogue

“Our review of the record reveals that the trial justice did not err in entering judgment in favor of Shearith Israel, granting it ‘the right to take immediate possession of the [p]remises together with the appurtenances and paraphernalia belonging thereto in accordance with the 1903 and 1908 leases,‘” reads the decision, penned by Chief Justice Paul A. Suttell.

In a statement, Congregation Jeshuat Israel said it was “deeply saddened” by the ruling, but added it “remains committed to being the vibrant center of Jewish worship, culture, and community for generations to come.”

“This decision comes at a particularly emotional time, as we prepare to gather for Passover, a holiday that honors the Jewish people’s enduring strength and liberation,” the statement said. “While this ruling is a painful moment in our history, it does not shake our foundation.”

The synagogue has been the congregation’s spiritual home for nearly 140 years.

“For nearly a century and a half, CJI has been at the heart of Jewish life in Newport,” Michael Pimental, the congregation’s co-president, said in a statement. “Our congregation is not defined by walls, but by the community we have built through shared faith, values, and connection. That spirit lives on.”

In its own statement, Congregation Shearith Israel said it welcomed the court’s decision, and added Congregation Ahavath Israel, of Newport, is now “ready to step in to ensure a seamless transition of occupancy.”

Congregation Ahavath Israel already has plans to hold services at the synagogue on Friday evening, and worshipers from all congregations are welcome, Dr. James Herstoff, the incoming congregation’s secretary-treasurer and head of ritual, told the Globe.

“We are welcoming and hope that the rift can be overcome over time – [that] the bad feelings on some people’s parts will be able to be soothed, and that is our desire,” Herstoff said in an interview. “We hope and encourage that all the congregants in Congregation Jeshuat Israel will desire to continue praying in Touro Synagogue with us.”

As Suttell acknowledged in the court’s decision, the two congregations had quarrels over their interests in the property as far back as the early 1900s.

In 1903, they ultimately entered into a five-year lease allowing Congregation Jeshuat Israel to be a tenant at the synagogue. A subsequent lease was signed in 1908, and when that agreement expired in 1913, Congregation Jeshuat Israel became a holdover tenant.

In 1945, the two congregations entered into an agreement with the Secretary of the Interior to help preserve the synagogue and to help give it landmark status, according to court filings.

“Sadly, Jeshuat Israel and Shearith Israel do not enjoy a harmonious relationship, leading to litigation in the federal courts seeking to resolve issues other than those which are before this Court,” Suttell wrote. “Both parties have recognized, in their papers and through witness testimony at trial, that their relationship had ‘deteriorated.‘”

Controversy erupted in 2012 when Congregation Jeshuat Israel attempted to sell a pair of bells, called rimonim, to the Museum of Fine Arts in Boston for $7.4 million. A 1st U.S. Circuit Court of Appeals decision later affirmed the bells – and the synagogue – belonged to Congregation Shearith Israel.

In a letter to its congregants this week that it shared with the Globe, Congregation Shearith Israel said it went on to make “strenuous and ongoing efforts to reconcile” that were ultimately unsuccessful.

“CJI continued to act in ways that Shearith Israel felt was not in the best interests of Touro Synagogue,” the letter said. “This led us to pursue eviction.”

This week’s Supreme Court decision upheld a September 2023 ruling from Superior Court Judge Maureen B. Keough that found an October 2022 tenant termination notice Congregation Shearith Israel sent to Congregation Jeshuat Israel was legally valid.

Keough granted a stay of execution, however, allowing the congregation to remain at the synagogue, pending appeal of the case.

Congregation Jeshuat Israel did appeal the decision to the state Supreme Court, arguing, in part, that the 1945 agreement was a modification of the 1908 lease and that Congregation Shearith Israel was required to consult with the Secretary of the Interior before removing the congregation, according to the decision.

Suttell wrote the court agreed with Keough.

“It is clear that these terms [of the 1945 agreement] seek to protect Touro Synagogue as a historic site and require collaboration among the parties before the Synagogue building or grounds are altered, but the terms do not reach back to modify any of the terms of the lease agreement,” Suttell wrote.

Additionally, Suttell wrote the court saw “no reason to disturb” Keough’s findings regarding whether “the elements required for ejectment were satisfied.”

“It is unfortunate that the circumstances arose that necessitated this,” Herstoff said Friday. “I don’t think anybody is happy that it was necessary to do this.”

Paul Tobak, president of the incoming Congregation Ahavath Israel, said there is no celebrating the court decision.

“The only celebration is that we got closure,” he said.

His congregation is now reaching out to Congregation Jeshuat Israel on an “individual basis, encouraging them to come,” Tobak said.

“My hope is that, as it has always been, … that the community come together and put any kind of ill feelings behind them,” he said.

Christopher Gavin can be reached at christopher.gavin@globe.com.