Sukkah built in an area which requires a city permit but no permit was gotten

Yes. Especially now when it’s not sukkos anymore and there is no mitzvah of sitting in a sukkah.

Lchatchila one needs permission and their is a machlokes if one can make a brocha if built without permission:

http://www.hebrewbooks.org/pdfpager.aspx?req=46442&st=&pgnum=74

One can make a brocha on a sukkah built on his property even if the government forbids it :

http://www.hebrewbooks.org/pdfpager.aspx?req=46442&st=&pgnum=75&hilite=

However, since the sukkah is not stolen and KARKA EINO NIGZELES (Nitei Gavriel 4:12):

http://www.hebrewbooks.org/pdfpager.aspx?req=46442&st=&pgnum=77

Has any such case been litigated in the United States? It seems to me that under the Religious Freedom Restoration Act of 1993, which is applicable to state and local governments under the supremacy clause of the Federal constitution, it is unlikely a local law or regulation banning a sukkah would be upheld, at least as long as the sukkah was built on private property.

Takes2: Since Succahs ended.

Gadolhadorah – Just as some chassidim don’t make Havdalah until 2AM to hold on to the feel and kedushah of Shabbos as long as possible …sort of like your goyishe neighbor who leaves the X’mas lights up until mid-February

Ahem. There is a world of difference, obviously. Not making Havdalah until 2AM is not simply about the ‘feel’ of Shabbos. There is a “מצוה רבה להוסיף מחול על הקודש”. Please do not compare a Kiyyum Mitzvah (probably d’oiraisah) to a lazy goy who cannot be bothered taking down his decorations.

To Yekke22
“Please do not compare a Kiyyum Mitzvah (probably d’oiraisah) [as in 2AM havdalah] to a lazy goy who cannot be bothered taking down his decorations…..

Perhaps consider a reference to a goy without the pejorative adjective….it will make you a happier person. The point being that we have as many “lazy” yidden who don’t take down their succah until tu
bshvat which I can assure you is NOT kiyyum mitzvah–either d’oiraisah or d’rabbonon….On late Shabbos, the large percentage of yidden make havdalah reasonably close to the z’man simply because they have lives and obligations for family, work etc. If you have the luxury of not having such obligations, then its a real luxury to be able to relish Shabbos kodesh for a few addtitional hours.

Joseph….I guess you don’t recognize satire unless its labeled clearly as such….lighten up…my point was we stereotype folks on an equal opportunity basis…if there was some empirical studies undertaken, we’d probably find that frum yidden may actually be more timely in removing their succahs (hopefully not from their fire escapes) than my erliche goyish neighbor who has to climb up on the roof to remove the X’mas lights…I’ll not bother responding to your incessant hocking about my anti-frum, anti-Semitic anti everything yiddeshkeit postings.

A private entity (landlord, tenants association) is a matter of contract law, so “dina malchusa dina” is not an issue (not for that matter, is the First Amendment).

Gadol Hadorah – He didn’t say that all or even most or even many goyim are lazy. He was talking about a specific hypothetical person in a hypothetical example whom you described as doing something that could be considered lazy.

GodalHadorah: Perhaps consider a reference to a goy without the pejorative adjective….it will make you a happier person. The point being that we have as many “lazy” yidden who don’t take down their succah until tu
bshvat which I can assure you is NOT kiyyum mitzvah–either d’oiraisah or d’rabbonon….

I’m only responding simply as “lifnim mishuras hadin” in והייתם נקיים.

Of course I wasn’t insulting non Jews, nor was I stereotyping. I was just explaining the difference between your examples: You equated ‘chassidim [who] don’t make Havdalah until 2AM to hold on to the feel and kedushah of Shabbos’ to ‘your goyishe neighbor who leaves the X’mas lights up until mid-February’. I explained the obvious difference: The motivation to keep Shabbos for longer comes from an admirable חביבות המצוות, where they want to be מקיים more mitzvos. The motivation to keep the decorations up for longer – much like keeping a Sukkah up – is simply the “can’t-be-bothered” taking it down.

I was clearly not stereotyping anybody, nor being offensive about any religious distinctions.

Perhaps stop considering any reference to a goy a pejorative adjective. It will make you a happier person!

The R’MA says a sukkah cannot be built on public property (R’Shus H’Rabim) The later Achronim discuss to what degree the RMA meant it. All agree that the R’MA was not speaking about a case where you got a permit. The Biur Halacha even seems to say that if your backyard is government owned land but nobody ever goes there or uses it and the government doesn’t place any restrictions on things like your kids playing there then you can make a sukkah there even without a permit.

If this is relevant ask your LOR