Oregon Church Loses RLUIPA Land Use Appeal

An Oregon church has been unsuccessful in forcing a county to grant it a special use permit to locate a school in its planned church and day care building. In Timberline Baptist Church v. Washington County, (OR App., March 28, 2007), in a 2-1 decision, an Oregon Court of Appeals upheld the denial of a special use permit to Timberline Baptist Church, finding that under RLUIPA the denial did not impose a substantial burden on the church's free exercise of religion. The majority rejected the church's claim that requiring it to seek out other suitable property would itself be a substantial burden. The dissent argued that the denial does create a substantial burden because Timberline is being forced to give up its approved church and day care facility on the property it owns, or else to abandon its religious precept of operating a church and religious school on the same property.