Sunday, July 08, 2018

Muslim Group's Challenge To Landmark Designation Dismissed On Ripeness Grounds

In Islamic Community Center for Mid Westchester v. City of Yonkers Landmark Preservation Board, (2d Cir., July 6, 2018), the U.S. 2nd Circuit Court of Appeals affirmed the dismissal for lack of ripeness of a suit brought by a Muslim community center.  The city had designated as a landmark the property which the organization (ICCMW) had purchased for use as a mosque.  The court ruled that ICCMW had failed to apply for the “certificate of appropriateness” that would, if granted, enable them to move ahead with construction despite the landmark designation.