Al Falah Center Lawsuit Continues Despite Township Motion For It To Be Dismissed

The lawsuit against the township by the Al Falah Center over a proposed mosque at the Redwood Inn property on Mountain Top Road has been allowed to continue, according to federal court records.

The complaint was filed by the Al Falah Center against the township, township council, planning board, Mayor Patricia Flannery and individual members of both the board and council.

It is based on the township’s approval of an ordinance not allowing for houses of worship on non-major roads, which effectively stopped an application by the center for the mosque. The ordinance was approved  after the application had already been submitted to the planning board, and required it to instead go before the zoning board.

An application has not yet been filed before the zoning board.

According to federal court documents, the Al Falah Center filed a motion for a preliminary injunction, asking the court to require that the township proceed with its review of the mosque application before the planning board under the land use ordinance prior to the new regulations about houses of worship.

The suit itself challenges the change in the ordinance concerning the houses of worship, and says that its enactment was discriminatory and illegal, according to documents.

The township, the documents say, then filed a motion to dismiss the case entirely, saying that the center should be required to go to the zoning board of adjustment for a variance to build the mosque before being allowed to sue the township.

On June 29, the judge denied the township’s motion, court documents say, and determined that the Al Falah Center does not have to seek the variance before moving forward with its lawsuit.

The Al Falah Center is preparing to continue with its lawsuit against the township, and is proceeding through the discovery phase of the process.

According to Peter Zimroth, attorney for the Al Falah Center, he informed the court that the Department of Justice had opened an investigation into the case, and had sent a letter to that affect to the township.

Administrators with the township declined to comment.