Baptist Church's Zoning Claim Dismissed In Part By 11th Circuit

In Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward County, (11th Cir., June 1, 2006), the U.S. 11th Circuit Court of Appeals affirmed a Florida district court's decision dismissing the RLUIPA claim brought by an Hispanic Baptist congregation. The church was challenging Broward County's refusal to grant it a zoning variance to permit it to use property for a church building. However, the Court of Appeals reversed the district court's dismissal of the congregation's Section 1983 claim. In that part of its lawsuit, the church had alleged that the county had violated its equal protection, due process and free exercise rights in denying it the zoning variance.