Quote:
Originally Posted by Tribesman
What possible grounds can they have refused on without facing a constitutional challenge they would be bound to lose?
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Zoning? There would be no Constitutional issue. Building permits are statutory, not a "Right." Zoning could come up with any reason they wanted, they do so all the time. Zoning laws have plenty of wiggle to allow the city in question pretty broad control over what goes where. Really. In addition, the historical buildings guys made (and make, every day) 100% arbitrary rulings. They allowed the mosque because the extant building was not "architecturally interesting" and could therefor be torn down. That is 100% subjective. Had they wanted to deny, they'd have said the 1851 (whatever it is) building on the site is important. Game over. They do this all the time.
Anyone who has ever dealt with US zoning officials, or neighborhood associations, or historic preservation boards knows that what I'm saying is true. They can basically rule as they see fit, and you're beholden to them.
Again, my only problem is iof they gave the mosque a pass they would not give ALL other comers. IF they would have denied permits for anyone else, then they got special treatment---and that would violate the 1st Amendment (establishment).