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County Assessed Large Attorneys' Fees and Costs In RLUIPA Case

By Howard M. Friedman

Last April, the Rocky Mountain Christian Church in Boulder County, Colorado won its challenge to the county's denial of its special use application, convincing a jury and the court that the denial violated the substantial burden and unreasonable limitations provisions of the Religious Land Use and Institutionalized Persons Act. (See prior posting.) The church sought to expand the buildings on its campus. Yesterday's Longmont (CO) Times-Call reports that now the federal district court has ordered Boulder County to pay $1.25 million of the Church's legal fees, as well as $90,000 in costs. The county is now appealing the original decision, claiming that RLUIPA is unconstitutional. Oral argument to the 10th Circuit in that appeal is scheduled for March. All sides agree that the fees and costs do not have to be paid until after the appeal is concluded.

Full post as published by Religion Clause on January 15, 2010 (boomark / email).