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Court OK's Most Challenges By Muslim Group To Zoning Denial

By Howard M. Friedman

In Moxley v. Town of Walkersville, (D MD, March 6, 2009), plaintiffs alleged that their proposed sale of land to the Ahmadiyya Movement of Islam, Inc. was blocked by government officials and private citizens in concerted actions motivated by anti-Muslim hostility. The 17-count lawsuit alleges violations of RLUIPA, the federal Fair Housing Act and Maryland constitutional, statutory and common law. At issue was Walkersville's denial of a special exception to permit the land to be used for a mosque, a residence for the imam and for an annual 3-day religious event.

In the case, the court dismissed a few of the claims but permitted plaintiffs to proceed with others. The court held that the Town of Walkersville has governmental immunity as to certain of the state law damage claims. It held that RLUIPA claims may not be brought against individual government officials in their personal capacity. The court however refused to dismiss claims at this point against various city officials who had asserted legislative immunity for their challenged acts. It refused to dismiss charges of conspiracy between public officials and private citizens to violate plaintiffs' civil rights in violation of 42 USC 1983 and 1985(3). The court also rejected various qualified immunity defenses. Yesterday the Gaithersburg (MD) Gazette reported on the decision.

Full post as published by Religion Clause on March 13, 2009 (boomark / email).