Tuesday, May 15, 2007

NJ Supreme Court Dismisses RLUIPA Land Use Appeal

North Jersey.com reports that the New Jersey Supreme Court has dismissed the appeal in St. Joseph’s Korean Catholic Church v. Zoning Bd. Of Rockleigh (Docket No. A-30-06). The court had originally granted certification to decide whether the Borough of Rockleigh's zoning ordinances unconstitutionally discriminate against houses of worship and whether the Planning Board's denial of a variance to a Korean Catholic Church violates RLUIPA. The Appellate Division had upheld the planning board's determination in which it found that the church would not have room to expand to meet the needs of its growing congregation even if the requested variance was granted. (See prior related posting.)