Church Wins RLUIPA Land Use Case

Mintz v. Roman Catholic Bishop, 2006 U.S. Dist. LEXIS 17255 (D. Mass., March 30, 2006), involves a RLUIPA religious land-use claim is a different procedural posture than usual. The Lennox, Massachusetts Zoning Board of Appeals issued a building permit to St. Ann's Parish, even though the proposed parish center violated the setback and coverage requirements of the town's zoning bylaws. It did so after town counsel advised the Board that refusal to issue the permit would violate RLUIPA. Neighboring property owners sued to challenge the Board's decision. Now a Massachusetts federal district court has upheld the zoning board's decision, and along the way affirmed the constitutionality of RLUIPA's land use provisions.