(I've always said there is no way to ban that building because it is a mosque because of the 1st. In every thread/discussion here, I've been 100% consistent)
Stopping the building within the letter of the law would be just fine. If a historic preservation board---which is in effect given broad latitude to discriminate on any basis they feel like due to the 100% subjective nature of their rulings---said the building could not be demolished, then they'd have a 2 story mosque, or whatever the building is. Or they'd have to buy someplace else.
Zoning had some latitude as well to have a say I'm sure.
Since both (particularly neighborhood covenants and historic preservation boards) have some entirely subjective latitude, there is no constitutional issue (legally) without some proof of conspiracy. Failure to get approval isn't enough, you'd need proof they decided the way they did to cancel a MOSQUE.
Note that if instead, they let it slide BECAUSE it was a mosque, that will bite them in the ass, too. Someone with a similar building who ever gets denied can claim "you let the mosque tear down THAT 1851 building, why is my porno superstore being persecuted against!
Note that in NYC, such stores WERE persecuted in Times Squiare in the name of development.
I presume you must also be an enemy of "eminent domain" laws (I certainly am) to be consistent.
Anyway, as I've said, I don't like the idea of any mosque, frankly, they represent misogyny, and backwardness. That said, if they own the property, they can do with it as they please---as long as their existence in that place doesn't prevent anyone from using their, nearby property for anything that THEY please.
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