Castle Rock Township refused to issue a conditional use permit for an Islamic cemetery, arguing that it would result in the loss of a tax base, not to mention causing property values in the area to drop. (Muslims don’t use caskets to bury the dead)
As always, CAIR litigation jihadists went whining to their pals in the Obama Justice Department, demanding they overturn the township’s decision.
That’s why Judge David L. Knutson yesterday 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” and Islamophobic.
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. But after the denial of the conditional use permit for the Islamic cemetery, the Castle Rock Township Board changed the zoning ordinance so that cemeteries were no longer a permitted use in the zoning area where the land is located.