Last month, Bayonne Muslims, a New Jersey not-for-profit religious congregation, sued the City of Bayonne, New Jersey (the “City”), challenging the City’s denial of certain variances needed to construct a mosque.  Specifically, the City’s Zoning Board denied Bayonne Muslims’ application for a conditional use variance, a parking bulk variance, and additional setback and buffer variances.

Bayonne Muslims’ Complaint, available here, alleges that the City’s enactment of these ordinances violates RLUIPA’s substantial burden, non-discrimination, and exclusions and limits provisions, as well as the First Amendment’s Free Exercise Clause, the Fourteenth Amendment’s Equal Protection and Due Process Clauses, the New Jersey Constitution, and New Jersey state law.