A 'Kafkaesque' Permitting Process Leads Islamic Group to Sue Township

An Islamic group has filed a lawsuit against the planning board in Bernards Township, New Jersey, for denying the construction of a mosque in the town.

Led by the town's former mayor and long-time resident Mohammad Ali Chaudry, the Islamic Society of Basking Ridge filed the suit with a federal court on Thursday, saying the planning board's decision violates the rights of its members to practice their religion and have equal legal protection. (Basking Ridge is located in Bernards Township.)

The society purchased four acres of land in an area that allowed constructing a house of worship according to zoning regulations, and applied for construction permission with the planning board in 2012.

Four years of debate and 39 public hearings followed — a process dubbed "Kafkaesque" in the complaint — ultimately ending in rejection. The planning board declined the mosque proposal last December based on land use issues including parking availability and adequate drainage.

In a statement released by Chaudry's lawyer Adeel Mangi, Chaudry said the controversy has left him "deeply saddened," adding that "my community needs a place to pray in our town. We bent over backwards to try and satisfy every demand made of us, no matter how unreasonable."

The Bernards Township Planning Board did not respond to requests for comment.

The debate in Basking Ridge is not unique in New Jersey. Since January city officials in Bayonne have also been squabbling over a proposed mosque and Muslim community center. 

The lawsuit was reported earlier by The New York Times.