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Storzer and Greene file suit to defend
Albanian Mosque from Town of Wayne, New Jersey
On July 17, 2006, the Albanian
Associated Fund (AAF), a Muslim religious organization, filed
a federal lawsuit against the Township of Wayne, charging violations
of the United States and New Jersey Constitutions as well as
the federal Religious Land Use and Institutionalized Persons
Act of 2000 (RLUIPA). The lawsuit, filed in the United States
District Court for the District of New Jersey, is the Muslim
organization's effort to prevent the Township from seizing its
property on Colfax Road and Hamburg Turnpike.
Roman P. Storzer and Robert L. Greene of Storzer & Greene,
P.L.L.C. are lead counsel for the Association, which is also
represented by The Becket Fund for Religious Liberty and local
attorney A. Michael Rubin of Rubin & Connelly. The group
purchased its property in 2001 and subsequently submitted a
land development application to build a mosque. Storzer and
Greene 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.
Though Wayne's zoning code permits such land uses by right,
the Township has engaged in various tactics to delay approval
of the application for three and a half years. A local group
of objectors, identified as the "Property Protection Group,"
has also attempted to prevent the Muslims from locating in Wayne,
complaining about minarets, calls to prayer, and describing
the Mosque as a "public nuisance."
"AAF is not asking for special consideration," said
attorney Roman P. Storzer. "Wayne Township's zoning code
already allows places of worship on this property. This group
is entitled to the same protections of the law as any church
or synagogue." The Complaint asserts that the unreasonable
delay before beginning eminent domain proceedings cost AAF three
and a half years and hundreds of thousands of dollars. "We're
simply asking the court to put the proposed seizure on hold
while it reviews the AAF's arguments," said Mr. Storzer.
RLUIPA was passed by Congress six years ago to prevent discrimination
against religious institutions in land use applications, and
also forbids government action that "imposes a substantial
burden on the religious exercise of a person, including a religious
assembly or institution, unless the government demonstrates
that imposition of the burden on that person, assembly, or institution
is in furtherance of a compelling governmental interest, and
is the least restrictive means of furthering that compelling
interest." |
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