|
|
|
 Judge Orders Town to Keep Hands Off of Mosque's PropertyNov 2, 2006 For years, the Township of Wayne, New Jersey stopped the Albanian Associated Fund (AAF), a Muslim congregation, from building a mosque, culminating in its most recent ploy of using eminent domain to take the congregation's property for "open space." Yesterday federal district court judge Peter Sheridan prevented them from taking any further action. In response to a lawsuit brought by Roman P. Storzer of Storzer & Greene P.L.L.C. and The Becket Fund for Religious Liberty, Judge Sheridan issued an injunction that prohibits the Township from seizing the property.
“This is a great victory in the battle for the rights of religious organizations of all faiths,” said Kevin ‘Seamus’ Hasson, President of the Becket Fund for Religious Liberty, “However, the greater war will continue until local governments learn that the Constitution prohibits this type of eminent domain abuse.”
After the AAF purchased the property in 2001, it submitted a land development application to build a mosque. The congregation's efforts were opposed by a so-called “Property Protection Group” in the community, who labeled the mosque a “public nuisance.” Instead of protecting the First Amendment rights of the congregation, Wayne Township suddenly decided that it needed to seize the future home of the mosque for "open space." The AAF responded by filing suit in July of 2006, demonstrating that the Township violated the United States and New Jersey Constitutions as well as the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).
“Judge Sheridan saw the Township's actions as suspect and gave our clients just what they needed,” said attorney Roman P. Storzer. “This is exactly what we were hoping for.”
“It is wonderful to see the courts in this country protect religious freedom,” said Atmi Kurtishi, president of the Albanian Associated Fund. “But we couldn't have done it without Roman Storzer and the Becket Fund.”
Mr. Storzer's firm and The Becket Fund have represented numerous religious institutions in New Jersey, including Living Faith Ministries, a Christian church that last year successfully prevented the Camden County Improvement Authority from confiscating its property for redevelopment.
A trial has been set for February 13, 2007.Resources & Documents- PI Brief, Part 1 (PDF, 1.83MB)
- PI Brief, Part 2 (PDF, 1003.37KB)
- PI Brief, Part 3 (PDF, 615.44KB)
- PI Reply Brief, Part 1 (PDF, 205.99KB)
- PI Reply Brief, Part 2 (PDF, 176.41KB)
- PI Reply Brief, Part 3 (PDF, 154.57KB)
|
|
|
