Church Wins Partial Victory in Colorado Land-Use Dispute

November 21, 2008

Author: DeeDee Correll

Source: The Los Angeles Times

http://www.latimes.com/news/nationworld/nation/la-na-church21-2008nov21,0,466950.story

Boulder County, Colo., officials acted illegally when they turned down a local church's request to double its size, but their decision was not motivated by religious bias, a federal jury decided this week.

Rocky Mountain Christian Church sued the county in 2006 after being denied a permit to expand. Church officials said that county commissioners had violated a federal law protecting religious institutions from discrimination by local governments. County officials argued that the church's expansion plan violated the county's land-use code and wasn't in character with its rural surroundings.

The verdict is a victory for supporters of the Religious Land Use and Institutionalized Persons Act of 2000, which prohibits local governments from placing a "substantial burden" on the right to practice religion. Proponents say the law provides much-needed protections. Opponents say it prevents communities from controlling growth.

The message to governments is clear, said Tom Ragonetti, an attorney for the church: "Treat churches fairly. Fairly and evenhandedly."