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A federal judge has upheld Mobile’s decision to block a planned Buddhist meditation center and raised the possibility that the center’s backers will have to pay city court costs.
The ruling was not entirely unexpected: At the conclusion of a bench trial in March, U.S. District Judge Terry F. Moorer asked attorneys for the city to submit findings of fact and conclusions of law for his ruling. John Lawler, lead attorney for plaintiff Sivaporn Nimityongskul, cried foul, saying it was usual for both sides to submit such information; Moorer then allowed Lawler to do so as well.
Moorer’s final judgment, entered last week, was indeed in favor of the city. Moorer also wrote that “to the extent appropriate” under relevant law, “Defendants shall be awarded costs reasonably incurred in connection with this case.” Attorneys for the city have until June 1 to submit any request for costs, and attorneys for Nimityongskul have until June 27 to dispute whatever claim is filed.
Buddhist meditation center faces legal setback in Mobile
The long-running dispute has been the subject of a federal suit.
Several years ago, the Thai Meditation Center of Alabama Inc. filed suit against the city and its Planning Commission, which had denied an application to build on Eloong Drive near Dog River. Early phases of the dispute involved neighbors’ complaints about zoning issues and possible traffic problems, but the conflict grew to include charges that the city was holding the Buddhist center to one standard while allowing other religion-affiliated organizations much more latitude to build churches, schools and other facilities.
That is a viewpoint Lawler maintains.
“I’ve been a bit surprised, the way they’ve dealt with this,” Lawler said. “I feel like the court never understood the difference between what planning approval is and what zoning approval is.”
In March Lawler said that Nimityongskul had spent more than $300,000 during the dispute and the city likely had spent over half a million — an estimate that one attorney for the city said wasn’t unreasonable.
Lawler said at the time that if the ruling went against his client, he planned an appeal. He said Tuesday that he thinks an appeal is likely, though a final decision hasn’t yet been made.
A request for comment from attorneys representing the city was pending as this story was published.
Thank you
https://www.al.com/news/mobile/2019/06/judge-upholds-mobiles-effort-to-block-buddhist-center.html
The ruling was not entirely unexpected: At the conclusion of a bench trial in March, U.S. District Judge Terry F. Moorer asked attorneys for the city to submit findings of fact and conclusions of law for his ruling. John Lawler, lead attorney for plaintiff Sivaporn Nimityongskul, cried foul, saying it was usual for both sides to submit such information; Moorer then allowed Lawler to do so as well.
Moorer’s final judgment, entered last week, was indeed in favor of the city. Moorer also wrote that “to the extent appropriate” under relevant law, “Defendants shall be awarded costs reasonably incurred in connection with this case.” Attorneys for the city have until June 1 to submit any request for costs, and attorneys for Nimityongskul have until June 27 to dispute whatever claim is filed.
Buddhist meditation center faces legal setback in Mobile
The long-running dispute has been the subject of a federal suit.
Several years ago, the Thai Meditation Center of Alabama Inc. filed suit against the city and its Planning Commission, which had denied an application to build on Eloong Drive near Dog River. Early phases of the dispute involved neighbors’ complaints about zoning issues and possible traffic problems, but the conflict grew to include charges that the city was holding the Buddhist center to one standard while allowing other religion-affiliated organizations much more latitude to build churches, schools and other facilities.
That is a viewpoint Lawler maintains.
“I’ve been a bit surprised, the way they’ve dealt with this,” Lawler said. “I feel like the court never understood the difference between what planning approval is and what zoning approval is.”
In March Lawler said that Nimityongskul had spent more than $300,000 during the dispute and the city likely had spent over half a million — an estimate that one attorney for the city said wasn’t unreasonable.
Lawler said at the time that if the ruling went against his client, he planned an appeal. He said Tuesday that he thinks an appeal is likely, though a final decision hasn’t yet been made.
A request for comment from attorneys representing the city was pending as this story was published.
Thank you
https://www.al.com/news/mobile/2019/06/judge-upholds-mobiles-effort-to-block-buddhist-center.html