In a new twist to a Hollywood legal battle that many thought was over, the attorney who represented a synagogue in its feud with the city is alleging the city violated the settlement -- causing problems for yet another religious institution.

Fort Lauderdale attorney Franklin Zemel, who represented Hollywood Community Synagogue Chabad Lubavitch in the five-year legal battle, filed a motion in federal court Friday on behalf of another Hollywood house of worship that aims to open just blocks from City Hall.

The lawyer wants Hollywood officials to explain why they should not be held in contempt of court, claiming that they violated the settlement reached with Chabad Lubavitch in 2006.

As part of that settlement, the city was required to revise its zoning code after a federal judge declared the code unconstitutional because it could be unfairly used to discriminate against houses of worship.

But three years later, according to the motion filed Friday, the code still has not been properly changed.

''I'm just waiting for somebody to explain to me why the city of Hollywood thinks that they can flagrantly defy three court orders,'' Zemel said. ``You would have thought the city would have learned its lesson already.''

The city had not received a copy of the motion Friday evening. But in a letter to Zemel on Wednesday, Jeffrey Sheffel, Hollywood's city attorney, wrote that the city revised the code in December 2006.

''The city is absolutely not in violation of any directive of the court,'' Sheffel wrote.

Friday's motion was filed on behalf of St. Gregorio's Orthodox Church of India, which has been trying to secure city permission to open its doors.

St. Gregorio's bought the building at 29th Avenue and Taylor Street earlier this year. The property had served as a lodge for the Ukranian American Freedom Foundation. The new owners want to renovate the building for use as a house of worship and have filed a separate motion to intervene in the chabad case.

SPECIAL PERMIT

The church filed the application and paid the fee required to operate as a church, but objected when the city told church leaders they would need to apply for a special permit.

Sheffel told Zemel that the church was told it would not need the permit if it could prove the building had been used as a lodge within the last six months.

Friday's legal move revisits a battle resolved in 2006 after the city tried to stop Chabad Lubavitch from operating inside two Hollywood Hills homes.

The Orthodox synagogue was using the homes in 2001 when residents bombarded the city with complaints about noise, overflowing trash bins and illegally parked cars. The city tried to kick Chabad Lubavitch out of the neighborhood and eventually filed a lawsuit against it alleging that it was violating city zoning rules.

The synagogue countered with several lawsuits of its own. After several pretrial defeats, the city offered to pay a $2 million settlement, ending the case in July 2006. The settlement allowed the congregation to stay in the two houses as well as expand to three others.

SINGLE-FAMILY ZONE

The newest legal tussle focuses on the portion of the settlement involving zoning criteria the city sets for religious groups seeking to operate in neighborhoods with single-family homes.

A federal judge ruled the old criteria unconstitutional, saying the requirements for applying for a ''special exception'' permit are too vague and that the approval process could be manipulated.

`STONEWALLING'

The permits are required to operate houses of worship in single-family areas, and Hollywoood asked St. Gregorio's to apply for one earlier this year.

The church argues it shouldn't have to follow that process because the city didn't properly revise the code. Zemel believes the city is essentially ''stonewalling'' St. Gregorio's. 'The city sets themselves up and says, `If you want to pray here, you have to get permission from us,' '' he said.

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