Saturday, November 20, 2010

Maryland County Concedes, Settling RLUIPA Land Use Lawsuit In Mid-Trial

Both The Capital and the Maryland Daily Record report that on Thursday in the midst of a RLUIPA trial, Anne Arundel County, Maryland signed a settlement in the lawsuit brought against it by Riverdale Baptist Church which sought to build a school on 57 acres of land it owns.  Initially, in 2004, county planners approved the plans, but after objections by neighbors the County Council passed two new zoning restrictions that effectively prevented building of the school. The county attorney admitted in court that the county had targeted the church with its new legislation and had timed the legislation so it would not affect two other private schools.  The settlement-- agreed to on the 12th day of trial just before the county's last witness took the stand-- will allow the Riverdale Baptist to build its school and also awards $3.25 million in damages to the church. The complaint asked for $8.7 million.  In 2008 the parties negotiated a settlement that would have cost the county only $300,000, but at that time the County Council refused to approve its terms. [Thanks to Roman P. Storzer for the lead.]