Friday, January 20, 2006

Pa. Court Rejects RLUIPA Claim

In City of Hope v. Sadsbury Twp. Zoning Hearing Bd., (Jan. 17, 2006), a Pennsylvania appellate court held that the Township Zoning Hearing Board's denial of a Church's application for use of a campground and hiking trails as an accessory use does not impose a "substantial burden" on the Church's exercise of religion in violation of RLUIPA because neither the Church nor its visitors will be required to forego or modify the exercise of their religion. Also, there are other campsites nearby that are available for use by the Church's visitors.