Church Loses RLUIPA Claim On Special Use Permit

In Grace Church of Roaring Fork Valley v. Board of County Commissioners of Pitkin County, Colorado, 2010 U.S. Dist. LEXIS 99950 (D CO, Sept. 20, 2010), a Colorado federal district court rejected RLUIPA and 1st Amendment challenges to the denial of an application for special review use of a church's property. Several years after the denial and on the eve of trial, the county reversed its decision and permitted construction of the church facilities. The church claimed it was still entitled to damages. The court concluded that no reasonable juror could find that the Commissioners' statements and questions at the hearings on the permit demonstrated a hostility toward religious use. Also, the permit denial imposed only an incidental burden on religion.