Discriminatory Treatment May Create Substantial Burden Under RLUIPA

Monday, December 03, 2018 6:28 am
December 2018 - Volume 46 Number 12

Albanian Associated Fund and Polozani v. The Township of Wayne, et al.,

Civil Action No. 06-cv-3217 (PGS), 2007 U.S. Dist. LEXIS 73176 (Oct. 1, 2007).

Facts: The U.S. District Court for the District of New Jersey denied summary judgment motions by both parties in a debate over the expansion of a mosque into the Township of Wayne, NJ. The court concluded that a bitter disagreement over the facts meant a trial was necessary before it could draw any conclusions of law.

In 2001, the Albanian Associated Fund and Imam Arun Polozani (Plaintiffs) purchased a property to expand their mosque. The property, located in the Township of Wayne (Township), possessed certain geographic qualities so as to be considered “environmentally sensitive” by the Township. By October 2001 Plaintiffs had closed on the property purchase.

The Township maintained that, prior to the purchase, plans were in the works to implement an Open Space Plan (Plan) centered on environmentally sensitive properties. In late 2003, while Plaintiff’s site plan application remained pending before the Wayne [..]