Thursday, April 26, 2012

Challenge To Cemetery Zoning Restrictions Move Ahead

In Roman Catholic Diocese of Rockville Center, N.Y. v. Incorporated Village of Old Westbury, 2012 U.S. Dist. LEXIS 56694 (ED NY, April 23, 2012), a New York federal district court permitted plaintiff to file an amended complaint challenging the restrictions the village imposed on its developing a 97 acre tract of land as a cemetery. The amended complaint alleges RLUIPA, free exercise and equal protection violations. (See prior related posting.)