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Church is exempt from Land use laws

post #1 of 2
Thread Starter 
We have a case here locally where a church was denied permission from the county to expand it's campus significantly because of how the land was zoned. "In response, the church sued the county, arguing that the commissioners had violated the federal Religious Land Use and Institutionalized Persons Act of 2000, which forbids local governments from discriminating against religious institutions with their land-use laws. In late 2008, a jury sided with the church, and in 2009, a judge ordered the commissioners to allow the expansion. The commissioners appealed, and on Monday, their appeal was denied".

I have mixed feelings on this case. There is the 1st amendment which protects religious worship, but if that practice becomes a burden on the surrounding community how should the two be balanced out? Doubling the size of a campus will mean more traffic on the surrounding community. A mosque could conceivably have calls to prayers 5 times a day broadcast.
post #2 of 2
Unless there's something going on beneath the surface that we're not privy to, I'm having a hard time seeing the logic of this decision. In my town, zoning laws tend to be quite haphazard, so it's entirely possible that if they deny a zoning request to someone, it's just because one or more members of the zoning board have a personal problem with it. It doesn't sound like that's the case in Boulder. It sounds like they have some pretty well documented zoning ordinances and they stick with them. I'm having a hard time, under those grounds, of seeing how this zoning board "discriminated" against the church in question.
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