Mosque Will Be Built In Basking Ridge, Town Must Pay $3.25M

BASKING RIDGE, NJ — Bernards Township will allow the Islamic Society of Basking Ridge to build their mosque and also must pay $3.25 million as part of the settlement agreements.

Bernards Township Planning Board and Committee agreed on May 23 to settle both pending lawsuits with the ISBR and United States Department of Justice — which were both filed the planning board voted down the application to build an Islamic mosque on Church Street, where zoning permitted houses of worship.

• See Related: Basking Ridge Votes No To Islamic Mosque

The settlement agreement also resolves allegations that at the time the ISBR’s application was pending, the township revised its zoning code to unreasonably limit any house of worship from building in the township.

• See Related: Islamic Society Files Suit Against Basking Ridge Over Denial of Mosque
• See Related: NJDOJ Files Lawsuit Against Bernards Twp. Over Islamic Mosque Denial

“We are very pleased by this resolution and hope to receive prompt approval to build our mosque. We look forward to welcoming people of all faiths and backgrounds to our mosque. Our doors will be open to anyone interested in building bridges to promote harmony in the community and peace in the world," said Dr. Mohammad Ali Chaudry, president of ISBR.

"The decision to accept the ISBR’s terms and the DOJ’s offer was not made lightly. However, in our opinion and that of our legal counsel, settling represents the most effective path forward to mitigate the financial risk of protracted litigation as well as resolve the issue of the ISBR's proposed house of worship in Liberty Corner,"said Michael Turner, spokesman for Bernards Township.

"The Township maintains that the denial of the Planning Board was based on accepted land use criteria only. Indeed, Bernards Township is a diverse and inclusive community, where for years the ISBR congregation have practiced their religion along with their neighbors unimpeded, using township facilities at the Bernards Township Community Center and at Dunham Park. Bernards Township elected Dr. Ali Chaudry as the nation’s first Pakistani Muslim Mayor after the terrorist attacks of September 11, 2001. We remain a united township where all are welcome. This is the end of a long engagement on the application and opinions may still be varied, but it is in the best interest of the Township to conclude the litigation," Turner continued.

As part of the settlement agreement, the planning board will hold a special meeting, that will be announced to the public beforehand, where they will hear ISBR's revised plan for the mosque.

The revised plan will include lowering the number of parking spots from the 107 to 50 per the United States District Judge Michael Shipp’s Dec. 31, 2016 ruling.

• See Related: US Judge Rules Against Basking Ridge's Parking Requirement For Islamic Mosque

The planning board will then vote in favor of the revised plan. If the board does not vote in favor of the revised plan, they will be essentially breaking the settlement agreement.

“Federal law requires towns to treat religious land use applications like any other land use application,” Acting U.S. Attorney William Fitzpatrick said. “Bernards Township made decisions that treated the Islamic Society of Basking Ridge differently than other houses of worship. The settlement announced today corrects those decisions and ensures that members of this religious community have the same ability to practice their faith as all other religions."

Along with allowing the construction of the mosque on its property, the township has also agreed that its leaders and other township employees will undergo training on the requirements of Religious Land Use and Institutionalized Persons Act (RLUIPA) — where they will train all current and future members of the planning board and the township committee regarding diversity and inclusion, including with regard to Islam and Muslims.

The township has also agreed to publicize its non-discrimination policies and periodically report to the Justice Department on its compliance with the settlement agreement. The township will also amend its zoning ordinance to limit the zoning restrictions placed on houses of worship.

In a separate settlement agreement, the township agreed to pay the ISBR $3.25 million— which is comprised of $1.5 million in damages and $1.75 million in attorneys’ fees and litigation expenses.

The ISBR's attorneys will be donating the $1.75 million in fees.

“Patterson Belknap will be donating all of the attorneys’ fees it recovers through this settlement to a variety of charitable and other worthy causes. It was our honor and privilege to represent the Islamic Society of Basking Ridge in this fundamental constitutional battle to defend American values," said Adeel A. Mangi, lead counsel for ISBR.

Mangi also released a warning to other towns in the country.

“Municipalities around the country should pay close attention to what happened in Bernards Township," Mangi said. "The American Muslim community has the legal resources, the allies, and the determination to stand up for its constitutional rights in court and will do so.”

Bridgewater

Bridgewater Township faced a similar issue with the Al Falah Center.

Al Falah had proposed building an Islamic mosque in at 1475 Mountain Top Road in Bridgewater, but was denied. The Center in turned sued the township in April 2011 claiming anti-Islamic attitudes as well.

The suit was settled in December 2014 when the township agreed to give Al Falah a 10.75 acre property on Route 202/206 along with a $5 million payment from the Township’s insurance carrier for alleged damages, costs and attorney fees.

(Image via Shutterstock)

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