|
Boston Globe- February 25, 2007
MA: Lawsuit over mosque site is dismissed
Stephen Kurkjian
A Suffolk Superior Court judge dismissed a lawsuit that contended the Boston Redevelopment Authority's sale of a parcel of land in Roxbury for a price significantly below its appraised value to the Islamic Society of Boston violated the constitutional separation between religious groups and the state.
Judge Sandra L. Hamlin ruled that James C. Policastro of Mission Hill did not have legal standing to challenge the sale because he did not file his lawsuit within 30 days of the sale, which the Legislature set as the BRA's deadline for appealing the agency's decisions. Policastro filed his suit on Sept. 28, 2004, more than 16 months after the BRA sold the parcel. The sale price for the parcel was $175,000, and the society spent another $43,820 to improve the land. It had been appraised at more than $400,000.
The Islamic Society planned to build the largest mosque in New England on the site, along with a school and a cultural center, but completion of the project has been delayed by funding problems and controversy over extremist remarks by two former officials of the society.
In her decision, Hamlin rejected Policastro's contention that he was not bound by the BRA's deadline but instead should be afforded the court's customary three-year period to bring the suit because he was contesting the agency's decision on constitutional grounds.
Hamlin, however, said she was basing her ruling on a 1988 Supreme Judicial Court decision that held that taxpayers were limited to the 30-day period to appeal decisions of redevelopment agencies…..
A spokeswoman for the Islamic Society of Boston praised Hamlin's decision in a statement.
"We are very pleased that the court put an end to the legal campaign against the Islamic Society of Boston, which is part of a greater effort by those seeking to oppose area Muslims from building a place of worship," said Jessica Masse, the society's inter faith coordinator.
"Part of Mr. Policastro's suit demanded that the ISB return the land and the mosque be torn down. Now this threat is gone. It is full steam ahead now -- we will see our mosque built to completion."
Albert L. Farrah Jr., a lawyer for the Islamic Society, said Hamlin's decision was a proper one that would discourage legal objections to redevelopment projects long after contractors had broken ground on the jobs.
About $12 million has been spent on the project so far, and Massie said yesterday that the Islamic Society hoped to raise another $2 million to complete construction of the mosque and part of the school in time to open by the beginning of the Ramadan season in September.
http://www.boston.com/news/local/articles/2007/02/25/lawsuit_over_mosque_site_is_dismissed/
National Post – February 26, 2007
Canada: Town hall targets Newmarket mosque Jewish group leading protest has checkered past of its own
Tom Blackwell
A mosque planned for the Toronto-area suburb of Newmarket was labelled a potential "house of terror" yesterday at a meeting partly spearheaded by the Jewish Defence League, whose members in other countries have themselves committed terrorist acts.
Meir Weinstein, the militant league's Canadian head, helped put on the "town hall" session to raise questions about the Newmarket mosque's connections with Zafar Bangash. The controversial imam has promoted sharia law and vigorously defended Iran's fundamentalist regime and Lebanon's Hezbollah terrorist movement.
But Mr. Weinstein found himself on the defensive at the meeting over his own group's sometimes violent past, his allegations that Mr. Bangash is under watch by CSIS and suggestions a local politician may have taken a bribe from the Muslim congregation.
"I don't think he has any credibility at all," said Brian Patterson, a Newmarket resident, after an angry exchange with the league head. "To suggest at a public meeting that any public official in this town has taken a bribe without any evidence of that is outrageous."
Mr. Bangash is president of the Islamic Society of York Region, of which the new mosque forms part, and he advocated on behalf of the religious facility initially. But the mosque's leaders have since said he is not directly involved in the project.
Ansar Ahmed, a spokesman for the mosque, said yesterday's meeting would only inflame emotions after the mosque worked hard to allay the concerns of Newmarket residents and politicians.
"We're extremely disappointed," he said. "They are playing on the fears and anxieties that have arisen around this issue. They've obviously made up their minds about the Newmarket mosque and Muslims in the community." He said Mr. Bangash clearly has "very provocative" views but the mosque does not in any way align itself with those opinions.
The event marked another step in the recent resurgence of the Jewish Defence League (JDL) in Canada, six years after two U.S. members were charged with plotting to bomb a mosque and the offices of a Lebanese-American congressman….
http://www.canada.com/nationalpost/news/story.html?id=5e65b91b-5bdf-49c1-8552-b124d1baa8cb&k=47255
|