North Hempstead may appeal ruling that sides with Hillside Islamic Center expansion
The Hillside Islamic Center in June 2023 had presented the town board a site plan to add a third level and create additional parking. The board voted against the proposal in January 2024. Credit: Howard Simmons
The Town of North Hempstead has filed a notice of appeal in response to a ruling last month in its case against the Hillside Islamic Center, signaling the legal battle over the mosque’s proposed expansion could continue.
State Supreme Court Judge Erica Prager last month ruled in favor of the New Hyde Park-based mosque, which had challenged the town’s decision to block the Center’s planned expansion.
The center in June 2023 had presented the town board a site plan to add a third level to its building and create additional parking. After public hearings, the board voted against the proposal in January 2024, citing some residents’ concerns about traffic congestion and street parking.
Hillside filed an Article 78 lawsuit — which is used to appeal decisions made by state, city or other local governments — challenging the board’s decision. Prager, in her ruling in favor of the mosque, wrote the resolution for the site plan should be “remanded to the town board with the direction to grant the initial application.”
The board’s rejection of the proposed expansion was “arbitrary and capricious,” Prager wrote.
But the town did not consider the resolution at its board meeting last Tuesday, which was one day after it filed the notice of appeal in the Appellate Division of State Supreme Court for the Second Judicial Department.
A town official said the board now has six months to appeal the ruling.
“We are exploring the Town’s options with outside counsel and then will advise the Supervisor and Town Board,” Town Attorney Richard Nicolello said in a statement.
The town has so far paid $51,131.75 in legal fees to Uniondale-based attorney Sahn Ward, according to records obtained through a Freedom of Information Law request.
Abdul Bhuiyan, chairman of Hillside's board of trustees, said in an interview an appeal would represent a "waste of community money" because it would cost both sides more in legal fees.
"The judge looked at it very thoroughly and the verdict was very clear," Bhuiyan said. "We all need to realize this is the right of people of all faiths, and as elected officials, they are to accommodate it to the best of their ability, instead of becoming a hindrance."
Kathleen Deegan Dickson, the attorney representing the mosque, did not respond to multiple requests for comment.
Joshua Needelman covers the Town of North Hempstead for Newsday. A Long Island native and University of Maryland graduate, his work has appeared in publications including The New York Times and The Washington Post.
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