NJ Mosque Developers Lose Attempt To Add Count To Complaint

In a challenge to Wayne Township, New Jersey's attempted exercise of eminent domain, a federal court refused to permit developers of a mosque to add an additional count to their complaint. The Township is attempting to take the mosque's property as part of an Open Space Plan. (See prior posting.) In Albanian Associated Fund & Imam Arun Polozani v. Township of Wayne, 2007 U.S. Dist. LEXIS 87666 (D NJ, Nov. 29, 2007), the court rejected an amendment alleging that the planning board's decision was arbitrary and capricious. The court held that insofar as the claim is brought under state law, it should be decided in state court. Insofar as it is based on federal substantive due process grounds, the complaint does not give sufficient notice of the basis of the claim. The court however did grant plaintiffs' motion to supplement their complaint in connection with eight other counts.