Friday, December 23, 2011

Court Again Rules For Seventh Day Adventist Church In Zoning Dispute

In Reaching Hearts International, Inc. v. Prince George's County, 2011 U.S. Dist. LEXIS 146495 (D MD, Dec. 21, 2011), a Maryland federal district court ordered Prince George's County (MD) Council to reconsider its partial denial of a water and sewer service category change for a church building that a Seventh Day Adventist organization wished to construct.  As reported by the Washington Examiner this week, plaintiffs already won a $3.7 million religious discrimination judgement against the county in 2008 for its actions that prevented the church from obtaining clearance to build. Apparently the refusal was motivated at least in part by the views of one Council member who believed that no more churches were needed in the area. (See prior posting.) In its decision this week, the court said: "The reasons given by the County for its initial denial of RHI's 2010 Application closely mirror the reasons previously given for all of its actions at issue in the 2008 trial which were rejected by the jury's verdict and this Court's order."