Church's Appeal of Zoning Decision Is Only Partly Successful

In Our Savior Evangelical Lutheran Church v. Saville, (IL App., Dec. 31, 2009), an Illinois appellate court rejected a free exercise challenge to the Aurora (IL) Zoning Ordinance as well as a challenge under the Illinois Religious Freedom Restoration Act. At issue was the Church's application for zoning approval to build an addition to the church and a parking lot. The Church argued in part that provisions limiting the site plan review process-- as opposed to applying for a special use permit-- to churches on major thoroughfares was discriminatory. The court disagreed. However the court remanded the case to the trial court for it to examine whether denial of the Church's application for a special use permit violated the Church's substantive due process rights. The remand was occasioned by the fact that during the pendency of the appeal, the state legislature amended the law to grant trial courts de novo review powers over decisions denying a special use permit.