Friday, November 11, 2005

Two Religious Land Use Cases In The News

Two church land-use cases under the Religious Land Use and Institutionalized Persons Act are in the news today. The Virginian Pilot reports on one out of Portsmouth, Virginia. Federal district court judge Robert G. Doumar has denied a motion to dismiss a law suit challenging Portsmouth City Council's refusal to permit an empty 106-year old church building be reopened as a church. Meanwhile, in Scottsdale, Arizona, SonRise Community Church has filed suit in federal court challenging the city's refusal to permit it to build a Christian school facility on a 10-acre parcel of land owned by the church, according to the East Valley Tribune. The church is represented by the Alliance Defense Fund. Church officials say "God has called them to plant a church and establish a private, Christian school facility in north Scottsdale." City officials cited flooding and traffic problems in refusing a zoning permit.

UPDATE: The full opinion in the Portsmouth, Virginia case is Chase v. City of Portsmouth, 2005 U.S. Dist. LEXIS 29551 (Nov. 16, 2005).