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Court Says County Violated RLUIPA, Equal Protection In Denying Church Applications

By Howard M. Friedman

In Reaching Hearts International, Inc. v. Prince George's County, (D MD, Nov. 4, 2008), a Maryland federal district court upheld a jury verdict in favor of a Seventh Day Adventist Church that, because of various regulations and administrative actions, was prevented from constructing a church and school on land it owned. The court said the church found itself engaged in "a fruitless three-year-long shadowboxing match that was doomed from the start."

The jury, in special verdicts, found that the county's actions were motivated, at least in part, by religious discrimination in violation of the Equal Protection Clause, and that those actions imposed a "substantial burden" on plaintiff's rights in violation of RLUIPA. Accepting those findings, the court concluded that the county failed to demonstrate a compelling interest for its actions and that its actions were not the least restrictive means that could be used. The court confirmed the jury's $3.7 million damage award and granted injunctive relief as well, in part ordering the county to consider future applications by the church "without any discriminatory animus." Yesterday's Maryland Daily Record reported on the decision.

Full post as published by Religion Clause on November 12, 2008 (boomark / email).