When the Islamic Society of Basking Ridge sought approval to build a mosque, it faced unusual opposition. The Township of Bernards had an ordinance which established a 3-to-1 parking ratio for “churches, auditoriums and theaters.” Applications by Jewish and Baptist congregations had been approved in a routine way. The Baptist church was approved even though the plan called for 157 parking spaces, not the 384 required by the parking ordinance. But the board declared that a mosque is not a church. It demanded many more parking spaces. The Islamic Society agreed to more than double the parking spaces, from 50 to 107, for a hall designed to accommodate 150 worshipers. After 39 meetings over three-and-a-half years, the township rejected the Islamic Society’s application.
The Islamic Society, supported by numerous amici, challenged the decision under the Religious Land Use and Institutionalized Persons Act (RLUIPA).
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