Posted on 11/23/2005 9:05:56 PM PST by ninonitti
A state judge has allowed a lawsuit to proceed that seeks to invalidate the city's sale of Roxbury land at deep discount to a Muslim society that is building a mosque on the property.
Mission Hill resident James C. Policastro sued in an attempt to undo the Boston Redevelopment Authority deal with the Islamic Society of Boston, saying the sale violated provisions of the US and Massachusetts constitutions, which prohibit government from establishing or unfairly assisting religious institutions.
If Policastro prevails in his lawsuit, it could create a serious problem for the already financially troubled mosque project. Construction has slowed because of the apparent inability of the Islamic Society to raise sufficient funds.
According to its documents, the BRA sold land at Roxbury Crossing valued at $401,187 to the Islamic Society in exchange for $175,000 and an agreement from the society that it would provide a series of benefits to the community.
The benefits would include lectures on Islam and development of an Islamic law library at Roxbury Community College, adjacent to the mosque site.
The society was to use the land for a $22 million mosque and cultural center, but decided to attempt to build only the mosque for now, at a cost of $14 million, according to an official deeply involved in the work who was interviewed by the Globe late last month.
But if a court finds in favor of Policastro's suit, the society could be forced to pay hundreds of thousands more for the land, further slowing the pace of work.
Members of the society had hoped to hold prayers in the mosque during the recent Muslim holy month of Ramadan, but were not allowed to do so by city officials who decided the building, which has no doors, windows, or internal finished walls, was not suitable for temporary use.
The BRA and the Islamic Society had asked the court to dismiss Policastro's suit. But Suffolk Superior Court Judge Nancy Staffier Holtz found, in a decision issued Nov. 8 and circulated last week, that Policastro had demonstrated that the case raised the issue of separation of religion and the state and should be allowed to proceed.
Policastro could not be reached for comment yesterday, but his lawyer, Evan Slavitt, said in a telephone interview that the decision substantially advanced his client's case. ''The BRA took the position that their actions were reviewable by no one," Slavitt said. ''. . . The ISB [the Islamic Society] has tried to portray the suit as silly, frivolous, or mean-spirited. The court has now said no, that Mr. Policastro does have a legal right to raise this question and that we have raised a substantial question of constitutional law."
Albert L. Farrah Jr., lawyer for the Islamic Society, did not return a call. BRA spokeswoman Meredith Baumann said that the BRA would not further challenge Policastro's standing to sue and that ''we look forward to defending the BRA's action firmly, on its merits."
Baumann said the city was not alarmed at the pace of the project. ''Projects of this size, scope and magnitude can take time," she said.
Supporters of the mosque project say that the pace of construction is just a matter of money, but that reasons for the scarcity of cash are numerous.
The Sept. 11, 2001, attacks on the United States by terrorists invoking Islam, reports by some news media outlets that some involved in the project have ties to terrorist groups, and anti-Jewish statements made by a member of the Islamic Society leadership have played roles in choking off donations, according to Muslim community leaders who are not part of the Islamic Society but who support the mosque project. No bank financing is being used because of an Islamic prohibition on charging and paying interest.
Land should be defiled just in case.
Sounds like the perfect place for every restaurant in town to dump leftover pork products.
The benefits would include lectures on Islam and development of an Islamic law library at Roxbury Community College, adjacent to the mosque site.
Their quest for global domination continues. WHen the hell will these complete a*hole politicians wakeup????
Article link...?
Thanks much - I hope he wins the suit!!!
Coincidence that Roxbury is a majorly Black district?
I'm still having problems realizing what those benefits are - lectures and an Islamic law library? I assume there would be no taxes from the mosque?
The benefits would include lectures on Islam and development of an Islamic law library at Roxbury Community College, adjacent to the mosque site.
Oh yeah, those are real benefits, all right.
I'm not from Boston so forgive me if I'm wrong on this but will the construction be done by union members? If so, perhaps some of those union members could do a little "protesting"...?
You would be right - Local 7 Iron Workers put up the frame don't know any other specific trades
So does that mean the city is only getting the cash amount and not the full value? I think this guy is onto something
I think I do now!
From what I read, they haven't even gotten the cash. Hey, our church would be glad to hold lectures at the state community college on Christianity for less than a hundred thousand dollars consideration!
How about a barbecue join located up wind? Let's all say it together,"Pork ribs please".
This makes no monetary sense at all...why wouldn't the Islamic society just pay the difference between the assessed value and the discount in order to expedite things. The longer they wait the higher the building costs will be. They're already planning to build a 14 million dollar mosque...a little over 200 grand won't make much of a difference.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.