Court Says New Hampshire Town's Zoning Refusal Violates RLUIPA

Yesterday's Keene (NH) Sentinel reports that a New Hampshire trial court judge has ruled that the Richmond, New Hampshire planning and zoning boards violated the federal Religious Land Use and Institutionalized Persons Act in dealing with the zoning application of a conservative Catholic church. St. Benedict Center applied to build a school and chapel on land it owned. The zoning and planning boards approved the proposal, but only if some 30 conditions were met. The court ruled that the town discriminated against St. Benedict's by attaching unattainable deadlines to some of the conditions. The court also concluded that Richmond's zoning laws effectively excluded houses of worship from the town. However the court dismissed the lawsuit's claim for damages against the individual board members, finding they were acting in a quasi-judicial capacity when they ruled on St. Benedict's zoning application. The claims against the boards themselves will now proceed to a jury trial for a determination of damages. St. Benedict is asking for $2 million in compensatory damages and up to $5.8 million in punitive damages.