Thursday, May 11, 2006

Religious Land Use Issues Continue To Arise

Religious land use issues continue to make news. Liberty Counsel has announced two interesting suits. In Florida, the group has sued Osceola County to get permission for the Men of Destiny Ministries to operate a faith-based substance abuse program. The county has refused to issue the group a permit to continue to run its program from a single family home that is being used to house 14 men who work during the day and who have Christian meetings 4 evening per week. The county has been levying a fine on the group, and has ordered the 6,300 square foot home it is using to be vacated. (Orlando Sentinel, May 10.)

Meanwhile, in Bedford County, Virginia, Liberty Counsel has written the county on behalf of Raymond Bell, the pastor of The Cowboy Church of Virginia, claiming that the county is violating RLUIPA. The owner of a local farm agreed to permit use of his barn every Thursday night for worship services by the Cowboy Church, but the county has issued a Notice of Violation because the farm is not zoned for use for religious meetings. (Liberty Counsel News Release, May 10.) [Thanks to Rick Duncan via Religionlaw for the lead.]

Finally, in Yavapai County Arizona, the Board of Supervisors will hold a hearing next week on a proposed amendment to the county zoning code to require religious institutions and certain schools to obtain use permits before they construct new buildings. The Board's Planning and Zoning committee has recommended a tightening of current regulations so that there will be notification of surrounding property owners and an administrative review process with public comment before construction begins. Opponents of the amendment argue that religious institutions are constitutionally protected from such regulation. (Verde Arizona Independent, May 10.)