Court Rejects Summary Judgment In Mosque's Land Use Challenge

In Albanian Associated Fund & Imam Arun Polozani v. Township of Wayne, 2007 U.S. Dist. LEXIS 73176 (D NJ, Oct. 1, 2007), a New Jersey federal district court refused to grant summary judgment to either side in a case in which developers of a mosque challenged a Township's attempt to take their property as part of an Open Space Plan. Plaintiffs claimed that the Township's actions violated RLUIPA and the First Amendment. The court held that the manner in which the plaintiffs' property was pursued supports an indication of discriminatory purpose. It also found that a question of fact exists as to whether the Township's actions created a substantial burden on the Mosque and as to whether it violated the nondiscrimination provisions of RLUIPA. Finally the court postponed until any trial the question of whether the protection of open space is a compelling governmental interest.