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Zoning - Part 3

A federal court in New York ruled that a city's refusal to issue a special use permit to allow a religious day school to expand its facilities violated federal law.

Key point. The federal Religious Land Use and Institutionalized Persons Act prohibits state and local governments from imposing a land use regulation in a manner that imposes a substantial burden on the exercise of religion unless the regulation is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.

* A federal court in New York ruled that a city's refusal to issue a special use permit to allow a religious day school to expand its facilities violated federal law. The school claimed that by not allowing it to pursue the construction and renovations outlined in its special permit application the city had imposed a substantial burden on the free exercise of religion without any compelling government interest to do so in violation of the federal Religious Land Use and Institutionalized Persons Act. ...

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Posted:
  • July 1, 2004

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