NJ Court Reverses In RLUIPA Challenge To Zoning Amendment

Yesterday a New Jersey Appeals Court decided House of Fire Christian Church v. Zoning Board of Adjustment of Clifton, reversing the trial court's holding that a change in the City of Clifton's zoning rules during the pendency of a church's site plan application violated the Religious Land Use and Institutionalized Persons Act. The amendment made the rear yard setback requirement for houses of worship match those for other land uses. The court held that the trial court had improperly shifted the burden of persuasion to the City. The correct rule, the court said, is that plaintiff has the initial burden of demonstrating that the land use regulation imposes a "substantial burden" on the church's "religious exercise".