Wednesday, May 31, 2006

New Jersey Mosque Loses RLUIPA Claim

In Muslim Center of Somerset County, Inc. v. Borough of Somerville Zoning Board of Adjustment, (NJ, May 16, 2006), a New Jersey trial court upheld the denial of a conditional use variance and of site plan approval for a Muslim congregation that wanted to remodel and use a 2-family home for religious services. The court found that the potentially detrimental impact of the proposed use for a large religious institution outweighs the public interest in granting the variance. It rejected the congregation's RLUIPA claim, finding that it filed to show a substantial burden on its exercise of religion. [Thanks to Alliance Alert for the information.]