Castle Rock Township, MN

In November 2014, the Castle Rock Township Board of Supervisors denied the Al Maghfirah Cemetery Association’s application for a conditional use permit on 73 acres of land zoned residential. The rejection cited the size of the project, loss of tax base, and the lack of public availability. The Association filed a discrimination lawsuit in response. In January 2016, the Dakota County District Court ordered the Township to issue a conditional use permit, ruling that the loss of tax base constitutes an “arbitrary and capricious” justification. Since the ruling, the property has been vandalized twice.

Ben Damon

2014

The Al Maghfirah Cemetery Association attempts to build a 73-acre cemetery on land zoned for residential use.

After initial denial, the Al Maghfirah Cemetery Association filed against the township in October 2015. In February 2016, a Dakota County District Court judge sided with the cemetery, ruling that the rejection was “arbitrary and capricious.”

In November 2014, the Castle Rock Township Board of Supervisors denied a conditional use permit (CUP) to the nonprofit Al Maghfirah Cemetery Association for a proposed cemetery in Castle Rock Township. The 73-acre project was intended as a long-term burial solution for the Minnesota Muslim community, as smaller burial spots in the nearby Burnsville and Roseville were reaching capacity (van Berkel, 2015, Nov 3). The association planned to develop 20 acres to accommodate an estimated 35,000 burials (Judge tells, 2016, Feb 2). Following the denial, the Castle Rock Township Planning Commission changed the zoning language for the specified area, removing cemeteries from acceptable conditional land usage. The Cemetery Association filed a discrimination lawsuit in the Dakota County District Court in May 2015, which was decided in favor of the Cemetery Association in January 2016. The Court ruled that the Board’s decision was “arbitrary and capricious” and ordered the Board to grant the CUP (Nelson, 2016, Feb 2). In the years following the case, the cemetery property has been vandalized and was subject to arson.

The Al Maghfirah Cemetery Association entered talks to purchase the Castle Rock land in February 2014, conditioning the purchase on a conditional use permit for a cemetery and funeral home. The application was recommended for approval by the Castle Rock Township Planning Committee in June 2014 with the removal of the funeral home and a fence. However, the Township’s Board of Supervisors subsequently rejected the application for a litany of reasons. The Board’s main concern was the loss of tax base, arguing that the township would lose $17,000 annually in property taxes. The board also cited the size of the project, the lack of public availability, the city's three other cemeteries, and the region's existing Muslim cemeteries (Nelson, 2016, Feb 2). The Cemetery Association then purchased the property and attempted to submit a new application, but was denied twice by the Board with the original decision as justification. 

In the lawsuit that followed, the Al Maghfirah Cemetery Association alleged discrimination. The Minnesota chapter of the Council on American-Islamic Relations (CAIR-MN) called for the Department of Justice to investigate whether the Board’s denial constituted discrimination against Muslims and a violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA). The Association also pushed back against the narrative that the tax impact would be significant, citing that the land made up 0.3 percent of the municipality’s total land and that the township only directly received $1,300 of the total $17,000 in annual taxes (Nelson, 2016, Feb 2). On the first day of the court proceedings, Hassan Mohmud, the director and imam of the Minnesota Da’wah Institute, commented on the diverse group of Muslims gathered to watch. He said, "This is historic for me… This is the first time I have seen them all united" (van Berkel, 2015, Nov 4). After the judge ruled in favor of the Cemetery Association, Jaylani Hussein, executive director of the CAIR-MN called the ruling a “victory,” saying that “[d]iscrimination should not be hidden in language of land use” (Judge tells, 2016, Feb 2).

Despite a favorable court ruling, the township rejected the Association’s proposal for the cemetery and funeral home in 2017. The 2016 court ruling had permitted cemetery use but not a funeral home. Meanwhile, the land remained undeveloped, containing two large buildings that became targets of vandalism and property damage in 2017 and 2021. In August 2017, the property was defaced with spray-painted profanities, swastikas, and the message “Leave, you R dead.” This incident was investigated as a hate crime. The property was targeted again in October 2021 with an attempted arson; tires were placed inside the building, and a large gas pipe was cut, resulting in damages exceeding $150,000. Following public news of the incident, community members from the metropolitan area assembled to assist in clearing the property. Hussein remarked on the multi-faith solidarity, stating, “Today, really, it’s a true test of our community that we came out to support, to clean up after their mess to show them we are not going anywhere — that we are more united now than we’ve ever been before” (Community cleans, 2021, Nov 1).

The Al Maghfirah Cemetery Association submitted another application for a conditional use permit, this time incorporating plans for a funeral home. After eight years of legal battles over land use and property crimes, the Association finally received the permit from the township in June 2022 (Ansari, 2022, Nov 29). The Association announced that the land would be developed in several stages. The initial stage involves clearing approximately five acres to accommodate around 5,000 burial plots, a parking lot, walking paths, and an Islamic center for funeral prayers and rites. The completed cemetery is projected to be the largest in Minnesota dedicated solely to Muslim burials (ibid.).

References

• Ansari, H. (2022, November 29). Muslim cemetery clears major hurdle toward opening after eight years of legal fights and vandalism. Sahan Journal. Web.
• Community cleans up prospective Muslim cemetery site after vandalism. (2021, November 1). KSTP. Web. 
• Judge tells township it must issue permit for Muslim cemetery: Denial called 'arbitrary, capricious'. (2016, February 2). St. Paul Pioneer Press, p. A5. Available from NewsBank.
• Nelson, E. (2016, February 2). Dakota County Judge rules in favor of Islamic cemetery: Castle Rock Township must issue a permit after its denial was deemed “arbitrary.” Star Tribune, p. 01B. Available from NewsBank. 
• van Berkel, J. (2015, November 3). Bias is alleged after veto of Muslim cemetery plan: Association says southern Dakota County township unfairly reversed course. Star Tribune, p. 01B. Available from NewsBank. 
• van Berkel, J. (2015, November 4). Muslim leaders take quest for cemetery in Castle Rock Township to Court. Star Tribune. Web.