Colorado Church's RLUIPA Claim Survives Dismissal Motion

In Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado, 2007 U.S. Dist. LEXIS 23701 (D. CO, March 30, 2007), a Colorado federal district court rejected a county's motion to dismiss a church's claim that denial to it of a special use permit violated RLUIPA. The court held that there were issues of fact as to whether the denial imposed a substantial burden on the church's free exercise of religion, whether the church's project would affect interstate commerce, and whether the county's zoning scheme subjected the church to an individualized assessment that is necessary to trigger RLUIPA. The court also held that the church's complaint adequately stated free speech, free exercise and equal protection claims.