Thursday, September 29, 2005

Lot Size Requirement Only For Churches Violates RLUIPA

In Victory Family Life Church v. Douglas County, (Sept. 20, 2005), a Georgia trial court found that the Religious Land Use and Institutionalized Persons Act was violated when the county insisted that churches must be built on lots of at least 3 acres in size. The county articulated no compelling interest for imposing this zoning requirement on religious institutions when it had no similar requirement for any other kind of institution. Alliance Defense Fund yesterday issued a release praising the decision.