Muslim group sues Hilliard over development denial

HILLIARD, Ohio (WCMH) -- The Noor Islamic Cultural Center filed a federal lawsuit against the city of Hilliard after the city rejected a zoning change for a vacant building the center purchased. 

The building in question is the former BMW office space on Britton Parkway, which has been sitting empty for nearly two years. 

Joe Miller, the attorney representing Britton Parkway Holding, said that in no way did the Noor Islamic Cultural Center want it to come to this, but Noor leaders decided it was time they stood up for themselves. 

“You can imagine the Muslim community in central Ohio doesn't want to be in court,” he said. “They want to be practicing their faith and enabling their members to have successful businesses and other enterprises at this building. That's been their only intent all along.” 

According to the 128-page court filing, the Noor Islamic Center is suing Hilliard for discrimination and violation of constitutional rights. Nearly a year ago, the Noor Islamic Center and Mosque invested millions of dollars to buy the former BMW Financial building on Britton Parkway, a building that had been vacant for two years. 

“They want to rejuvenate the building in the city of Hilliard for both their benefit and the benefit of the residents of Hilliard,” Miller said. “It’s the most egregious example of overt discrimination in land use that I’ve seen in my over 25 years of practice. It’s inexplicable.” 

Noor leaders said they have the vision to turn the 220,000-square-foot building into a mixed-use facility. That plan was rejected by the planning commission.  

Miller said the city has tried to obstruct the project from happening at every turn. 

“What the Noor Islamic Cultural Center has proposed conforms in every way to the city of Hilliard zoning code, and yet they were still denied and still don't have the free use of their private property,” he said. 

Back in November, after council members denied the proposal, they sent out a statement saying that the city embraces diversity in the community. The statement goes on to say, in part, “Hilliard leaders negotiated diligently with Noor for the past ten months and have worked hard to accommodate their evolving plans, including allowing up to 56,000 square feet for school and event space... These efforts to accommodate were rejected by the applicant.” 

Hilliard City Councilmember Les Carrier said that while the lawsuit doesn’t come as a surprise, he feels that this is a failure on the city’s part. 

“I've always been proud of who, because we're unique,” he said. “Look at old Hilliard. I mean, there's no density down there in old Hilliard, but we still have everyone coming there and it's a destination, you know, and I think we just do it a little differently and we could have with the Noor, we just chose not to. And I am concerned, you know, this attack on the religious piece of it. So very unfortunate.” 

While a court date has not been scheduled, Miller said Noor is seeking recovery of substantial damages as well as attorney’s fees.  

Hilliard City Manager Michelle Crandall said she wishes she could comment on the lawsuit, but added she couldn’t because it’s pending litigation.