Obama backs mosque near ground zero

[muon2]

This seems to me to be primarily a local zoning issue. I don't know the zoning laws in NYC, but in general local authorities have quite a bit of latitude as long as consistent procedures are applied. I would expect any decision to balance the property rights of the applicant with property rights of neighboring properties and needs of any public property impacted by the applicant. The nature of an enterprise definitely plays a part in valuing nearby properties, such as locating a pawn shop in an upscale strip mall, and values can be subjective. This would seem to apply to the mosque, as well.

[muon2]

This seems to me to be primarily a local zoning issue. I don't know the zoning laws in NYC, but in general local authorities have quite a bit of latitude as long as consistent procedures are applied. I would expect any decision to balance the property rights of the applicant with property rights of neighboring properties and needs of any public property impacted by the applicant. The nature of an enterprise definitely plays a part in valuing nearby properties, such as locating a pawn shop in an upscale strip mall, and values can be subjective. This would seem to apply to the mosque, as well.

1.  This already was unanimously approved by the local board

2.  The Constitution has a lot more to say about freedom of religion than pawn shops

1. If it's already passed all local levels, I would have thought it's a done deal. The only news I had only heard about was the denial of landmark status by the historical preservation board. Who are the protesters trying to influence, then? I had assumed it was other levels of local officials, but now I'm not sure - is it the landowner?

2. As long as zoning policies are uniformly applied there is not a constitutional question. A church seeking a major expansion near a popular historic site can potentially be denied based on traffic or other public safety concerns. That an example of the needs of public property I referenced.

[muon2]

1. If it's already passed all local levels, I would have thought it's a done deal. The only news I had only heard about was the denial of landmark status by the historical preservation board. Who are the protesters trying to influence, then? I had assumed it was other levels of local officials, but now I'm not sure - is it the landowner?

I'm not 100% sure, but I believe it IS basically a done deal.  Still politically volatile as some politicians are calling for eminent domain to be used.

I' not familiar with NY law, but the Keloe decision gives local officials a wide definition of public purposes from which to choose if they want to pursue eminent domain.
 

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But there is no way to uniformly apply that to this mosque & community center that I'm aware of.  It's an old Burlington Coast Factory, it's not in the most heavily trafficked parts of the area,    there's probably a need for more community centers for exercise in Lower Manhattan, and there are already religious buildings nearby with expansive architecture.

When it comes down to it, it's pretty easily provable that the objections to this center are 100% based on it being an Islamic house of worship, rather than any legitimate judgment on the building.   A local government up with a technicality to prohibit a religious building on private property solely based on what religion it is, is probably a violation of the Constitution imo....and what do you do if he tries it on another property?
[/quote]

If it's a zoning case, local officials do well to point to another property near enough to suit the applicant that does not cause the difficulties of the particular property. They need to show that the property in question is uniquely disadvantaged for the proposed use. In that case there probably would not be a constitutional issue.
In zoning cases like this, local officials do well often point to an al