In October 2020, the Al Ummah Community Center (also known as AUCC) commenced a lawsuit against the Township, the Zoning Board of Adjustment, Building Department officials, and others.
This week, Judge Kevin McNulty dismissed the amended complaint (without prejudice) largely for the reasons I outlined back in October 2020.
Teaneck was represented by Thomas B. Hanrahan of Hanrahan Pack, LLC.
|11/15/2022||127||OPINION. Signed by Judge Kevin McNulty on 11/15/2022. (sm) (Entered: 11/15/2022)|
|11/15/2022||128||ORDER that the motions to dismiss 94 , 95 , 96 and 97 are granted. ***CIVIL CASE TERMINATED. Signed by Judge Kevin McNulty on 11/15/2022. (sm) (Entered: 11/15/2022)|
What was the suit about?
UPDATE (11/20/22): Plaintiffs filed another amended complaint on Friday, 11/18. It will take a little while to evaluate the new / changing claims)
As per Plaintiffs:
“This case is about religious liberties and the discriminatory and unequal practices of the Teaneck, its employees, and its Zoning Board of Adjustments… Despite years and thousands of dollars spent to appease the Defendants’ unlawful and discriminatory requirements, Defendants continue to act in violation of the Constitutions of the United States and New Jersey, as well as the Federal law explicitly prohibiting religious discrimination by discriminating against the Plaintiffs and imposing an unlawful burden on the practice of their faith.”
– Page 2 of amended complaint (Introduction)
Did the town discriminate against AUCC? Or was something else going on?
As it turned out, Judge McNulty said the case was more about the difficulties of land use and getting projects through boards.
“AUCC’s frustration is palpable. It emphasizes in the amended complaint that it has been “going through this process for years with no end in sight.” (Compl. ¶213.) Adding insult to injury, the ZBA has demanded that AUCC put up more money to fund its continued application process. (Id. ¶162.) The delay and AUCC’s frustration, however, are hardly unique in the annals of local land use regulation, and the process does seem to be at least potentially moving ahead, on a revised legal basis.”
– Opinion at page 14
Let’s run through the opinion: Continue reading “AUCC Lawsuit Update: Dismissed”