4th Circuit Rejects Establishment Clause Challenge To County's Role In Development That Includes Church

In Glassman v. Arlington County, Virginia, (4th Cir., Dec. 23, 2010), the U.S. 4th Circuit Court of Appeals rejected an Establishment Clause challenge to Arlington County, Virginia's participation in the financing and construction of a ten story building that houses a church on the first two floors and apartments on the upper 8 floors. Plaintiff unsuccessfully argued that (1) the County had engaged in disguised funding of the church by overvaluing the affordable housing units in the project; (2) the physical layout of the building, in which the apartment tenants will pass through church property, creates a religious overtone to the project; and (3) the County became excessively entangled with the church when it appointed a representative to the Church-controlled board of the non-profit corporation that will over see construction of the project. (See prior related posting.)