RLUIPA is meant to protect religious freedoms from impermissible land use regulations, it is not meant to allow religious exercise to circumvent facially-neutral zoning regulations.
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Friday, November 01, 2013
7th Circuit: Rejection Of Bible Camp's Zoning Requests Did Not Violate RLUIPA or Constitution
In Eagle Cove Camp & Conference Center v. Town of Woodboro, Wisconsin, (7th Cir., Oct. 30, 2013), the U.S. 7th Circuit Court of Appeals rejected challenges to county land use regulations which prohibit plaintiff from operating a year-round Bible camp on residentially zoned property. Eagle Cove argued that the regulations violate several portions of the Religious Land Use and Institutionalized Persons Act, as well as the 1st and 14th Amendments and the Wisconsin constitution. In rejecting Eagle Cove's RLUIPA "total exclusion" claim, the court held that whatever may be the case as to the Town of Woodboro, there was not total exclusion of recreational camps from the larger area of Oneida County which had ultimate jurisdiction over the zoning request. More generally, the court said: