BREAKING NEWS: Court Affirms Religious Zoning Law by James D. Besser Washington Correspondent
A federal appeals court in New York has upheld a law protecting religious institutions from undue interference by local zoning authorities in a case involving an Orthodox day school. The controversy, which has raged since 2001, involves the Westchester Day School's plans for a $12 million expansion and complaints by neighborhood residents that the expansion will worsen the area's traffic woes. The three-judge panel, supporting a lower court decision, ruled that Westchester authorities improperly denied a permit application by the school. The case is widely seen as an important test of the 2000 Religious Land Use and Institutionalized Persons Act (RLUIPA). That law was passed in response to complaints by Orthodox groups and other religious communities that local authorities too often discriminate against religious schools and houses of worship in zoning rulings. The law also protects the religious rights of inmates in state and local prisons. The village of Mamaroneck has not indicated if it will appeal the decision. If it does, the stage could be set for the first major Supreme Court test of the land use provisions of the 2000 law. Orthodox Jewish groups hailed the ruling. "This is a very important decision not just for the Orthodox community, but for religious institutions in the Tri-State area and around the country," said Nathan Diament, public affairs director for the Orthodox Union. "We're pleased that the RLUIPA statute, which we worked so hard to pass, is being interpreted by the courts in the way we intended." Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/AsburyPark/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/AsburyPark/join (Yahoo! ID required) <*> To change settings via email: mailto:[EMAIL PROTECTED] mailto:[EMAIL PROTECTED] <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/