Muslim Group Sues Islip Over Bay Shore Boarding School Ruling

BAY SHORE, NY — A Muslim nonprofit seeking to open an Islamic boarding school at a former Catholic seminary in Bay Shore has filed a legal challenge against the Town of Islip after its zoning board ruled that students could not live on campus under existing zoning rules.

The United American Muslim Association (UAMA) filed lawsuit in Suffolk County Supreme Court on Thursday seeking to overturn the Town of Islip Zoning Board of Appeals' September decision concerning the proposed Bay Shore Academy at 26 South Saxon Avenue.

The organization wants to establish an Islamic boarding school for 120 students, with about 20 faculty and staff members living at the property.

The site previously housed a Catholic seminary and boarding school operated by the Montfort Missionaries from 1926 to 1972. It later served as the religious congregation's headquarters and a residence for aging priests.

According to the lawsuit, the town's plans examiner determined on Jan. 21 that the proposed parochial school was permitted under the town's zoning code and that boarding qualified as an allowable accessory use.

The United American Muslim Association purchased the property in June, relying on that determination, its attorneys said.

However, two Bay Shore residents challenged the interpretation in May, arguing that boarding was not a permissible accessory use and would require additional zoning approvals.

On Sept. 22, the zoning board voted 3-1 to reverse the plans examiner's determination concerning boarding. The board acknowledged an Islamic school was permitted at the property but found that the proposed residential component did not satisfy the town's accessory-use requirements.

The board raised concerns about the scale of student housing, potential accommodations for individuals not directly associated with the school, and promotional materials describing other activities, including daycare and outside events.

The Muslim Association's attorneys contend that the board disregarded the property's previous use, improperly interpreted the zoning code and relied on promotional materials describing activities the organization had explicitly excluded from its proposal.

The legal challenge also alleges that anti-Muslim comments were made during the board's July public hearing and argues that religious institutions must receive equal treatment under the law.

"For nearly fifty years, students lived, learned and prayed on this property. UAMA seeks to open those doors again," Muhammad Faridi, a Linklaters attorney representing the organization, said in a statement. "The faith of the students may change; the law's protection must remain constant.:

The petition asks the court to annul the zoning board's September decision and reinstate the plans examiner's January determination allowing boarding as an accessory use.