Saturday, April 03, 2010

Catholic High School Fails To Show Substantial Free Exercise Burden From Zoning Denial

Academy of Our Lady of Peace v. City of San Diego, 2010 U.S. Dist. LEXIS 31873 (SD CA, April 1, 2010), is a RLUIPA and a 1st and 14th Amendment challenge by a Catholic college-preparatory high school to San Diego's refusal to issue zoning permits so the school can add a classroom building and parking structure to its campus. A California federal district court refused to grant summary judgment to the school, holding that it had failed to come forward with evidence that a substantial burden had been placed on its religious exercise.