Yesterday in Westchester Day School v. Village of Mamaroneck, (2d Cir., Oct. 17, 2007), the U.S. 2nd Circuit Court of Appeals affirmed a March 2006 district court decision holding that the Religious Land Use and Institutionalized Persons Act prevents the Village of Mamaroneck, New York from using its zoning laws to block a Jewish day school's construction of a new building that would be used, at least in part, for religious education and practice. (See prior posting.)
The Court of Appeals upheld the constitutionality of RLUIPA. It held that RLUIPA's limitations on land use regulation are a valid exercise of Congress' powers under the Commerce Clause in cases where a burden placed on religious exercise affects interstate commerce. The court also rejected Establishment Clause challenges to RLUIPA. Applying RLUIPA to the facts before it, the appellate court held that the Village's arbitrary denial of a special zoning permit placed a substantial burden on the Day School's religious exercise and that the Village lacked a compelling interest to justify the denial. The Zoning Board of Appeals had given undue deference to objections from an influential group of neighbors. The Associated Press reports on the decision, as does today's New York Times.
