TITLE

Appeals Court Says No to Religious School Expansion

AUTHOR(S)
Lawlor, James
PUB. DATE
February 2005
SOURCE
Planning;Feb2005, Vol. 71 Issue 2, p37
SOURCE TYPE
Trade Publication
DOC. TYPE
Article
ABSTRACT
The article focuses on a Second U.S. Circuit Court of Appeals September 2004 ruling in Westchester Day School versus Village of Mamaroneck case. The court upholds the village's denial of a special permit to expand an Orthodox Jewish school. Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law enacted in 2000, forbids local governments from applying landuse regulations in a manner that imposes a substantial burden on the religious exercise of a person. The law also provides that the use, building, or conversion of real property for religious use is considered religious exercise. The federal trial court that granted summary judgment in the school's favor in December 2002 read RLUIPA too broadly, the appeals court said.
ACCESSION #
15755202

 

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