Church Challenges To Building Limits Survive Motion To Dismiss

In The Cathedral Church of the Intercessor v. The Incorporated Village of Malverne, 2006 U.S. Dist. LEXIS 12842 (ED NY, March 6, 2006), a New York federal district court denied the Village of Malverne's motion to dismiss a suit brought against it challenging its refusal to permit the expansion of a church building of a Charismatic Episcopal congregation. The court found that plaintiff's complaint adequately alleged an equal protection claim based on selective enforcement of governmental regulations. It also permitted plaintiffs to move forward on both substantive and procedural due process claims, on claims of retaliation and on RLUIPA claims. Finally the court held that the city officials being sued had not alleged sufficient facts to show that they had qualified immunity.