By Dan Murphy
A long running dispute, and attempt to build a Mosque in a residential neighborhood in Yonkers may have ended for the time being when a Federal Appeals Court rejected an appeal brought by the Islamic Community Center for Mid-Westchester, (ICCMW).
The location of the Mosque is 2 Grandview Boulevard in Northeast Yonkers. The U.S. Court of Appeals, 2nd Circuit, upheld a district courts decision dismissing the lawsuit filed by the ICCMW. The court found that the case was “not yet ripe,” and that “At no point in its briefing was it clear exactly how the landmark designation impacted its ability to use its property, let alone how the designation substantially burdened its ability to practice its religious faith.”
The Circuit court ruled, in layman’s terms, that the ICCMW could practice its faith in the existing building, and that there was no rejection for renovations from the Landmarks Board because the ICCMW had not filed any applications for renovations and construction.
The court’s decision also included a good outline of the history of the dispute. In April 2013, ICCMW identified a piece of property located in Yonkers, that it wished to purchase for use as a mosque. The property had fallen into a state of disrepair, however, and ICCMW was not able to close on the purchase until March 2015.
In the intervening period, ICCMW met with local officials to confirm that they could use the property as a mosque. Yonkers city officials confirmed that the property was zoned for use either as a residence or a house of worship.
Several months after ICCMW closed on the property purchase, the group became aware that a different local organization—Colonial Heights Association of Tax Payers—had filed an application to designate the property as a landmark. In order to receive a landmark designation in the City of Yonkers, a property must possess one of several enumerated characteristics. The proposed designation must also be considered by several elected bodies before it is approved by the City.
Accordingly, after initial consideration by the Landmark Preservation Board on November 4, 2015, the application made the rounds to several other committees, before being approved by the City Council on May 24, 2016. On May 27, 2016, the Mayor signed the resolution designating the property as a landmark.
Four months later, ICCMW filed this lawsuit in federal district court challenging the landmark designation on several grounds, including allegations that the designation violated ICCMW’s First Amendment right to the free exercise of religion, as well as several claims under the Religious Land Use and Institutionalized Persons Act of 2000. On June 28, 2017, the district court dismissed the complaint for want of subject-matter jurisdiction, finding the case was not yet ripe because ICCMW had not yet complied with the “final-decision requirement.”
On July 25, 2017, ICCMW timely appealed, and that appeal has been rejected by the Circuit Court. Based on the decision, it appears that ICCMW can return to the Landmarks Board and apply for building permits for the proposed renovation, and if those applications are rejected, they can reapply their appeal to seek relief.
The court also added, “ We acknowledge the troubling reports of ICCMW regarding anti-Muslim animus expressed by some members of the surrounding community and we express no view on whether those accounts may be sufficient to raise a successful claim after ICCMW has received a fina decision on its application for a certificate of appropriateness. We do express concern with the presentation of the factual and legal arguments in ICCMW’s briefing, which we found to be concerningly misleading.”
The courts decision and the Landmarks Decision in Yonkers does not prevent the ICCMW from worshiping in the existing building, but only that any additional renovations or alterations must be approved by the Landmarks Board.
In May 2016, the city council voted 4-3 to approve the Landmarks Board designation, Landmarking 2 Grandview Boulevard. The Council voted to concur with the Landmarks Board and Mayor Mike Spano signed the resolution.
The property was purchased in 2015 by The Islamic Community Center of Mid-Westchester, ICCM, for $750,000,
The Law Firm of Omar T. Mohammedi, LLC, on behalf of its client ICCMW, filed the suit and alleges that the City of Yonkers discriminated against the Muslim community of Colonial Heights when it improperly designated the planned site for their mosque as a landmark. Also supporting ICCMW are members of CAIR-NY, (the Council of American Islamic Relations).
Elizabeth Kimundi, attorney with the law firm of Omar Mahammedi, representing ICCMW, commented on the decision. “We are extremely disappointed with the decision and the fact that the Court did not see the discrimination against ICCMW. It is particularly disappointing to read the Court’s statement that ICCMW offered misleading facts. At this stage of a litigation, Plaintiffs only need to state a claim and not to prove it.
“There were enough facts in ICCMW’s case to assert discrimination and these facts were not misleading. Unfortunately, the current environment against Muslims is not helpful and this decision allows the City of Yonkers to continue its discriminatory practices against ICCMW. We are considering options with our clients who feel that justice has not been served.”
Yonkers Rising has written about the Mosque in Yonkers for 3 years. The Landmarks Board decision found that 2 Grandview Boulevard house “was illustrative of growth and development of the city and had unique architectural qualities,” a finding the Islamic center disputed.
The lawsuit about the Yonkers Mosque was picked up by the Chicago Tribune, the Associated Press (AP) and NBC News. Congregation members from Yonkers have stated that the they have to travel miles to reach the nearest mosque.
