NEW YORK (CBSNewYork/AP) — A group opposed to a planned mosque near Ground Zero has asked a judge to overturn New York City’s decision to withhold landmark status for the building site.

The decision last August removed a significant obstacle to construction of the planned mosque.

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The American Center for Law and Justice and a former city firefighter have sued the city, arguing that the Landmarks Preservation Commission was influenced by the Bloomberg administration in its decision.

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In Manhattan state Supreme Court on Tuesday, the ACLJ argued that the site was similar to nearby landmarks and so should also have been granted the status.

The LPC defended the decision, saying it was made unilaterally.

The judge said he’d decide whether the case should go forward in the coming weeks.

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