Tuesday, March 02, 2010

Church Zoning Decision Remanded for Further Findings

In Arnold v. Versailles-Midway-Woodford County Board of Adjustment, (KY Ct. App., Feb. 26, 2010), a Kentucky appellate court in a second appeal in a church zoning case sent back for additional proceedings a county zoning authority's decision to grant Versailles United Methodist Church a conditional use permit for construction of a church building, school building, gymnasium and parking lot. The court held that again the County Board of Adjustment had not made adequate findings to justify its conclusions. It also directed the Board to make appropriate findings under RLUIPA instead of the conclusory statements that appeared in its original decision.