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Zoning and Substantial Burden

An Oregon court ruled that a county did not violate RLUIPA by denying a church permission to construct a parochial school on its premises.

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.

* An Oregon court ruled that a county did not violate RLUIPA by denying a church permission to construct a parochial school on its premises. A Baptist church was founded in 2001. The church used a converted single-family dwelling for its offices and for small meetings and rented space in the local high school and in other churches for Sunday and midweek services. In 2005, the church began operating a school for the congregation's children in a separate leased facility; the school had 19 students.

In 2004, the ...

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Posted:
  • September 1, 2007

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