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A few members of a community board in Manhattan do not want to give permission for a Sukka in a park (because of 1st amendment issues).

According to the Shulchan Aruch Harav, one cannot make a blessing in a stolen Sukkah. So if the board would end up forbidding the Sukka (and win on appeal), yet someone were to put one up, would one be able to make a blessing in that Sukka?

What if the shul wouldn't have asked, and the police wouldn't have noticed, then would the Sukkah still stay kosher?


Relevent question: Sukkah in the Soviet Union

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A sukkah gezulah means the sukkah itself is stolen, not the land that its on. If someone holds even using land without permission is gezulah so then it would be a problem here too. Either way, its probably a chilul haShem to go build something in public without permission.

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    Look in Syif 11 where the Shulchan Aruch Harav says that one cannot lchatchila build a sukka in public domain (and even bdieved one cannot say a bracha on such a sukka) because the ground is stolen from the public. – Shmuel Brin Oct 4 '11 at 22:20

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