Catholic Day Care Center Wins RLUIPA and Equal Protection Challenges

In Shepherd Montessori Center Milan v. Ann Arbor Charter Township, (MI Ct. App., May 22, 2007), a Michigan appellate court-- hearing an appeal for a second time-- held that a Catholic Montessori day care program should be permitted to operate in an area zoned for office parks. Plaintiff claimed that the denial of permission to operate the school violated RLUIPA and the equal protection clause. The Court of Appeals agreed, reversing a contrary finding by the trial court. The trial court had held that other suitable property was available for the school. The Court of Appeals said that the trial court erred in holding that real estate costs could not place a substantial burden on plaintiff's religious exercise. The Court of Appeals also said it was clear that plaintiff could not afford available alternate properties. Furthermore, a variance had previously been granted for a secular day care center at the same location. The Court of Appeals said that refusing it here would amount to a denial of equal protection. [Thanks to Brian D. Wassom for the lead.]