Zoning Exclusion of Church Upheld

In Petra Presbyterian Church v. Village of Northbrook, 2006 U.S. Dist. LEXIS 876 (ND Ill., Jan. 11, 2006), an Illinois federal district court dismissed statutory and constitutional claims by a Presbyterian church that was refused permission to locate in an area zoned for industrial use. The court held that under RLUIPA, the requirement in Northbrook's zoning code that the church locate somewhere other than an industrial park was not a substantial burden on the church's exercise of religion. It also found that alleged discriminatory treatment of churches was remedied when the village amended its zoning code to exclude business-related organizations that were previously permitted in industrial zones. It also found that the statute of limitations had run on some of the church's constitutional claims.