Thursday, November 20, 2008

Jury Finds For Boulder Colorado Church In RLUIPA Case

The Longmont (CO) Times Call reported yesterday that a federal court jury has rendered its decision in Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado. (See prior posting.) The case involves a challenge to the denial of a church's application for a special use permit so it can expand its facilities. The jury rejected the church's equal protection claims, but found that the Boulder County Commissioners violated the Religious Land Use and Institutionalized Persons Act by not treating the church equally with non-religious institutions and by placing a substantial burden on its exercise of religion. The jury did not award damages that the church sought to cover construction cost increases.