NY Court Upholds Zoning Charges Against Church

In City of Albany v. Trinity Church, (Alb. NY City Ct., Dec. 20, 2006), a New York state trial court denied a church's motion to dismiss charges against it alleging that it was occupying its building without a valid occupancy certificate and had changed the use of a building without a permit. The court rejected the church's claim that the charges violated its free exercise rights under the U.S. and New York constitutions. It held that the city's zoning laws are not specifically directed at defendant's religious practices, but are valid, content neutral laws of general applicability, adopted to promote the health, safety and general welfare of the public.