Home -> Law Blog Directory -> Real Estate & Property Law Blogs -> New York Zoning and Municipal Law Blog

Real Estate & Property Law

: New York Zoning and Municipal Law Blog

Court Finds Westchester Town Violated RLUIPA and Overturns SEQRA Findings

By Steven Silverberg and Katherine Zalantis

In a 206 page decision, the U.S. District Court for the Southern District of New York found the Town of Greenburgh had violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) when it refused to grant a church permission to build a new building, for what the court termed ?contrived? reasons. In Fortress Bible Church v. Feiner, the Court found, contrary to the claim of the Town, that the State Environmental Quality Review Act (SEQRA) constitutes an individualized assessment of a land use application, that the review falls within the RLUIPA definition of land use regulation as the application of SEQRA ?can limit or restrict a claimant?s use or development of land? and that the actions of the Town in issuing findings pursuant to SEQRA, which limited the use of the Church?s property, constitute a ?substantial burden? on religious exercise under RLUIPA...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on August 16, 2010 (boomark / email).