Lawsuit Against DuPage County

Islamic Center files lawsuit against DuPage County

The group claims county officials violated religious land use and other laws

By Michelle Manchir, Chicago Tribune reporter

August 16, 2012

A lawsuit filed by an Islamist group against DuPage County alleges the county unfairly denied it use of a home in West Chicago for its prayer services.

The Islamic Center of Western Suburbs claims in a federal lawsuit filed Friday the county "placed several unreasonable burdens and limits" on its effort to operate out of a home at 28W774 Army Trail Road.

The Islamic Center of Western Suburbs filed a lawsuit alleging DuPage County unfairly denied it use of a home near West Chicago for its prayer services.

The Islamic Center of Western Suburbs claims in a federal lawsuit filed Aug. 3 the county "placed several unreasonable burdens and limits" on its effort to operate out of a home at 28W774 Army Trail Road, in the northwest portion of the county.

The group claims county officials violated religious land use and other laws when county board members in May denied with a 15-3 vote a zoning change the group needed to hold prayer services at the house, which it has owned since 2008.

Mark Daniel, an attorney for the group, said he is seeking to have the special use approved, prevent the county from interfering with its use and other compensatory damages.

The complaint claims that the county overstated parking needs and traffic impacts that the worship center would bring to the neighborhood and understated the lot's area per occupant ratio.

As the county considered the special use earlier this year, many neighbors in the area of the site objected to the use, saying a prayer center is out of character with their neighborhood.

DuPage County State's Attorney Robert Berlin did not return a phone message seeking comment. Johnna Kelly, a spokeswoman for the DuPage County board, said in an email "the county is not able to comment on pending legal matters."

A court hearing is scheduled for Sept. 26 under U.S. District Court Judge Suzanne Conlon, Daniel said.