CAIR-Minnesota welcomes judge’s decision in favor of planned Islamic cemetery

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Tuesday 02 Feb 2016 - 12:49 Makkah mean time-23-4-1437 Minneapolis, Minnesota (IINA) - The Minnesota chapter of the Council on American-Islamic Relations (CAIR-MN) on Monday welcomed a Dakota County District Court judge’s decision forcing Castle Rock Township to issue a conditional use permit for an Islamic cemetery. Judge David L. Knutson on Sunday granted a summary judgement motion to the Al Maghfirah Cemetery Association in which he ruled that the township’s decision to deny the conditional use permit (CUP) was “arbitrary and capricious” because the township did not provide any written findings of fact to support its decision.  In October last year, CAIR-MN asked federal authorities to determine whether the denial of land usage for the Islamic cemetery was discriminatory on the basis of religion and questioned whether the denial constitutes a violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA). "We hoped that a simple request for a proposed Islamic cemetery in Minnesota would not need a court order, however we welcome the court’s decision to grant the conditional use permit,” said CAIR-MN Executive Director Jaylani Hussein stated. “This ruling sends a strong signal to those who would discriminate on the basis of religious identity.” The township did not present any evidence to support its contention that allowing the cemetery would result in a loss of taxes for the township. Judge Knutson pointed out that in 2014, only $1,284.76 of the total taxes for the property went to the township and stated: “It is therefore dubious that a decision to deny the CUP application in this case would be rational and reasonable with regard to a loss of tax base.” The Castle Rock Township Board rejected an application submitted by the original property owners for a proposed Islamic cemetery located in Castle Rock Township on August 11, 2014. The original owner attempted to appeal this denial, but the Board took the position that an appeal was impermissible. The property was later sold to the Al Maghfirah Cemetery Association, which proceeded to submit its own, separate application for an Islamic cemetery for the property it now owned. The Castle Rock Township Board refused to review the Cemetery Association’s application, taking the position that an application had already been submitted and denied. The cemetery association appealed that decision, and the board denied that appeal. A cemetery, at the time of the applications, was a permitted use in the zoning area in question and the Castle Rock Planning Commission had recommended that the Board approve the conditional use permit with certain conditions. The Cemetery Association met all of the conditions set by the Planning Commission. After its denial, the Castle Rock Township Board changed the zoning ordinance so that cemeteries were no longer a conditional use in the zoning area where the land is located. The hearing, where it appears that the Board removed cemeteries as a conditional use, lasted only seven minutes.  SM/IINA