Church Daycare Zoning Permit Application Remanded

In Ridley Park United Methodist Church v. Zoning Hearing Board Ridley Park Borough, (PA Commn. Ct., April 3, 2007), a Pennsylvania appellate court reversed and remanded to the zoning board the grant of a special zoning exception to allow a church to operate a day care center on its property. The court held that denial of a special exception would not violate the Pennsylvania Religious Freedom Protection Act because daycare is not a fundamental religious activity of a church. However, the court remanded the case for a determination of whether the daycare was a "parochial educational institution" and therefore entitled to a special exception under the borough's zoning ordinance.