Photo Credit: Noam Moskowitz/Flash90
Moving out of the Ulpana

According to Director of Development for Beit El Institutions, Baruch Gordon, the case to determine ownership of the property on which the buildings sit is still in civil court. “This District Court case (Civilian Case #36209-09-11) represents the first time that the alleged land owners produced by Michael Sfard are being challenged to prove their ownership. The District Court has not yet made any determination on the issue. This is a key point: the Supreme Court openly admits that it did not investigate the ownership issue, but rather relied on the government position in its decision, as presented by the prosecution.” Gordon says in his blog.

“Beit El argued before the Supreme Court that the justices are hurrying to issue demolition orders before ownership has been determined through due process in a lower court. Justice Fogelman responded, “Do you expect us to wait several years for the outcome of that case while these buildings are sitting on land registered in the name of these Arabs?” [Quoted from memory by a Beit El representative present in the courtroom]

Furthermore, the Supreme Court wrote in its May 7,2012 response that Beit El had already presented its claim of ownership to the government and that the government rejected the claim. Again, the court is openly admitting that it is not determining ownership through any judicial process, but rather relying on the Netanyahu government position.”

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Yet through their disgust and sorrow, the residents are already showing the strength and resolve to move forward.  “Today, the government and the Supreme Court may have succeeded in forcing the Jews to move 500 meters to the right, just as they succeeded a few years earlier to move the Jews of Gush Katif to move 2 km to the south,” Traiman said.  “But no one will ever succeed to move the Jews off of the Land of Israel.”


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Malkah Fleisher is a graduate of Cardozo Law School in New York City. She is an editor/staff writer at JewishPress.com and co-hosts a weekly Israeli FM radio show. Malkah lives with her husband and two children on the Mount of Olives in Jerusalem.