Key facts of the case - A Muslim community received a construction permit for a minaret next to its mosque. A neighbour filed a claim stating that the permit is unlawful because the minaret does not blend in with already existing development in the area.

Main reasoning of the court - The Court reasoned that the mosque and the minaret are one entity and that the minaret is of major theological meaning for the Muslim community, which is comparable with the church tower in the Christian community. Considering that in compliance with the building permit, no call to prayer will be made from the minaret, it will blend in with the surrounding industries that have smokestacks higher that the minaret. The plaintiff’s argument that the minaret from which one can look into his garden violates the command of mutual considerateness among neighbours cannot be followed since this command does not protect a neighbour against insight into his property.