|
The Record - July 26, 2007
Albanian Muslims seek OK for site
in a New Jersey township
By ANDREA ALEXANDER
A federal judge is weighing whether (New Jersey township) Wayne's attempt to take property owned by an Albanian Muslim group fits the legal description of religious discrimination. .
But first U.S. District Judge Peter G. Sheridan must determine whether the law -- which protects religious institutions from discrimination through land use regulations -- applies in a lawsuit the Albanian Associated Fund has brought against the township. The Fund's complaint is being supported by U.S. Justice Department officials who contend that the township conducted an irregular review of a Fund application to build a mosque and community center on the property.
Reflecting the township's legal position, Wayne Mayor Scott Rumana has said the Colfax Road property is unsuitable for development because of steep slopes and rock outcroppings, prompting its targeting for open space preservation.
Township attorneys sought a ruling on Wednesday in U.S. District Court in Newark that the federal law does not apply. Anthony Seijas, special counsel representing the township, argued that the law applies to zoning regulations, but does not apply to "takings."
Attorneys for the Paterson-based Albanian group, however, argued the federal law applied because the town wanted to take the property to enforce its land-use policies to preserve open space. The attorneys for the Albanian group also are asking Sheridan to find that preserving open space is not a compelling government interest that trumps the freedom of religious exercise.
Sheridan delayed issuing a decision, but scheduled a settlement conference for Sept. 6.
The court battle stems from an application the Albanian Fund filed in 2002 to build a mosque and community center on Colfax Road. While Wayne Planning Board hearings on the application were ongoing, the township moved to take the property for open space. A judge blocked the township pending the outcome of litigation in federal court….
A Justice Department official appeared in court Wednesday to back the Albanian groups' discrimination claims. Ryan Lee, a Justice Department attorney, argued that there was "circumstantial evidence of discriminatory intent'' in the township's actions.
The Justice Department is charged with enforcing the federal law -- known as the Religious Land Use and Institutionalized Persons Act of 2000.
Lee told the court "municipalities are capable of discrimination in subtle ways.'' He also noted there were "evidence of procedural departures'' during Planning Board hearings that delayed the process.
After the hearing, Albanian Associated Fund President Atmi Kurtishi accused the township of delaying the application and targeting the property "because they are against us building a mosque.''…..
http://www.northjersey.com/page.php?qstr=eXJpcnk3ZjczN2Y3dnFlZUVFeXk1NiZmZ2JlbDdmN3ZxZWVFRXl5NzE3Mzk1OCZ5cmlyeTdmNzE3Zjd2cWVlRUV5 eTM=
Ann Arbor News – July 25, 2007
Many oppose new mosque in Ann Arbor
Khalil E. Hachem
A hearing on a proposed mosque along Ellsworth Road in Ypsilanti Township drew more than 150 people Tuesday, with most of them opposing the project.
"This is the wrong location for it," said Peter Williamson, who objected to the size of the project. "I would want the Muslim community to enjoy it, but it does not fit in the neighborhood."
The Hidaya Muslim Community Association is proposing an 85,770-square-foot-community center on seven acres along Ellsworth Road between Golfside and Hewitt. The project includes a mosque, a recreation facility, an educational center and 264 parking spaces, said Khaled Nehlawi, who is in charge of construction and lives in the neighborhood.
The project would cost about $6 million and would be built in phases, he said. The first phase includes a 27,000-square-foot mosque, and the rest would follow as funding becomes available several years from now, he said.
The township Planning Commission held the hearing Tuesday but postponed voting on the project until the association addresses issues regarding access and utility easements. The commission also instructed township staff to mail additional notices to neighborhood residents to inform them of the project.
Nehlawi said he was disappointed with the decision, but the association will work with the township to resolve the outstanding issues. He said organizers will talk to neighborhood residents to clear up any concerns they have about the project.
Many Muslims in Washtenaw County pray either at the Islamic Center of Ann Arbor, 2301 Plymouth Road, or at a mosque in Canton. The demand has outgrown those facilities, Nehlawi said. The Islamic Center accommodates about 350 people, and nearly 10,000 Muslims live in Washtenaw County, he said.
Neighbors at the hearing Tuesday also expressed concerns about increased traffic, loudspeakers sounding the call to prayer five times a day, the holding of late functions for a large number of people, having dormitories in the facility, and holding functions during the last 10 days of Ramadan, the month of fasting for Muslims….
Mateen Jaffer said after the meeting that Muslims have been living in Washtenaw County for years and the community center is needed. "We're Americans, too,'' he said.
Attiq Khan said the project would help bridge differences between the communities.
"This project is about building social fabrics and there is nothing to be afraid of,'' Khan said. "Muslims have been part of the community for a long time.''
http://www.mlive.com/news/annarbornews/index.ssf?/base/news-23/1185374569236560.xml&coll=2
|
