ACLJ: Ownership Questions Over Ground Zero Mosque Site Raise "Very Serious Questions and Legal Concerns"

(Washington, DC) The American Center for Law and Justice (ACLJ), which represents a New York City firefighter who survived the 9-11 terrorist attacks, said today that new revelations that the developer does not own the entire site where he would develop an Islamic mosque near Ground Zero raise "very serious questions and further legal concerns."

The ACLJ, which filed a lawsuit last week challenging a vote by the NYC Landmarks Preservation Commission (LPC), said the fact that the developer does not own, but rather leases from Con Edison, a public utility, one of the two parcels needed for the mosque project creates a whole host of new legal questions and that will require the involvement of other public agencies, such as the Public Service Commission of New York State.
 
"This troubling development underscores the fact that this project should come to a halt immediately," said Jay Sekulow, Chief Counsel of the ACLJ.  "First, the City of New York allowed political considerations to infect the landmarks process, and the Landmarks Commission did not follow its own procedures in its haste to clear the way for the mosque to be built.  Now, we learn the developer may have been misleading the public by claiming that they have the right to develop the mosque right now.  In fact, the developer doesn't even own the entire site on which this mosque would be built.  It's time to get to the bottom of what's really going on with this project.  Our legal challenge urges the Supreme Court of the State of New York to nullify the Landmarks Commission's vote to deny the site landmark status.  This site is sacred ground and not the place to build a mosque.  And, now, this new development regarding ownership of the site raises very serious questions and further legal concerns."

The ACLJ's lawsuit filed last week charges that the city violated the New York City Charter and the New York City Administrative Code.  Among the assertions made in the suit:  the Landmarks Commission failed to properly review the record on the issue of landmarks status and to consistently apply administrative precedent, it acted hastily in voting to deny landmark status, and it failed to acknowledge the significance of the site as a historic and hallowed landmark from the tragic attacks of 9-11.
 
"The denial of landmark status to the building was an arbitrary and capricious abuse of discretion and contrary to decades of administrative precedent," the petition argues.
 
The lawsuit also notes that the building has been under consideration for landmark status long before 9-11.  And, that the designation is even more appropriate now since part of a hijacked plane from the 9-11 attacks crashed through the roof of the building.
 
The ACLJ is urging the court to nullify the decision and order the LPC to reconsider the issue in accordance with proper procedure and law.
 
The ACLJ represents Tim Brown, a firefighter and first responder, who survived the Twin Towers collapse and lost nearly 100 friends. The ACLJ also has heard from thousands of Americans who have signed on the Committee to Stop the Ground Zero Mosque.

The lawsuit is posted here.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.