A New York City Supreme Court justice has tossed out a lawsuit by a former firefighter hoping to stop the construction of a mosque near Ground Zero.

In his July 8 ruling, Justice Paul Feinman wrote that Timothy Brown lacked legal standing to bring the lawsuit.

Brown has sought to have the site of the mosque -- a former Burlington Coat Factory store -- declared a historical landmark, which would have prevented any future developments.

He argued that the site -- which is two blocks from the World Trade Center -- is worthy of landmark status because so many firefighters and police officers died during the 9/11 attacks.

Critics of the Ground Zero mosque say the project is an insult to victims of the 9/11 terrorist attacks. Sharif El-Gamal and other developers of the "Park51" Islamic center say the mosque is meant to mend America's relationship with the Muslim community.

A lawyer for El-Gamal called Feinman's decision a "victory for America."

A rally is planned for this Sept. 11 to protest the mosque plans.