ACLJ Expands Ground Zero Mosque Lawsuit

"The revelation that a public utility owns part of the site raises a whole host of new legal questions.” - Jay Sekulow, ACLJ Chief Counsel

WASHINGTON, Aug. 18, 2010— The American Center for Law and Justice (ACLJ), which represents a New York City firefighter who survived the 9/11 terrorist attacks, plans to amend the lawsuit filed recently against the NYC Landmarks Preservation Commission (LPC).  The amended lawsuit will include additional parties and causes of action--and also seeks an injunction to prevent the building from being demolished. 

The original lawsuit filed in New York State Supreme Court on Aug. 4, the day after the LPC denied the proposed mosque site landmark status, solely named the LPC.  But the suit will be amended to include the site's owners, the New York City Department of Buildings, Con Edison, and the New York State Public Service Commission.

"It is increasingly clear this mosque must not be built at this site," said Jay Sekulow, chief counsel of the American Center for Law and Justice.  "The revelation that a public utility owns part of the site raises a whole host of new legal questions and requires the involvement of a new public agency and possibly additional public hearings."

The amended petition and injunction request will focus on the fact that the mosque developers do not own the entire proposed site and do not possess the legal right to proceed with demolition or construction.  In addition, the ACLJ will request that the New York State Public Service Commission, which has regulatory authority of any disposition of land owned by a public utility in New York, conduct a required environmental review detailing the impact this project would have on neighborhood character and historical resources.

The ACLJ has also filed numerous Freedom of Information Law requests with local, state and federal agencies demanding production of the Con Edison lease, which has not been previously disclosed, and a valid certificate of occupancy from the owners. 

The original lawsuit filed by the ACLJ charges that the LPC violated the New York City Charter and the New York City Administrative Code.  The lawsuit is posted here.

The ACLJ represents Tim Brown, a firefighter and first responder, who survived the Twin Towers' collapse and lost nearly 100 friends.  The ACLJ has also heard from thousands of Americans who have signed on the Committee to Stop the Ground Zero Mosque.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.  Its online newsroom is available at DeMossNews.com/ACLJ.

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