Boulder County Ordered to Issue Special Use Permit for Church Expansion: Court finds that County violated Church’s civil rightsMar 30, 2009 Today (March 30, 2009) a federal court in Denver reaffirmed that Boulder County had violated the rights of Rocky Mountain Christian Church of Colorado. The decision forces the County to grant a special use permit allowing the Church to expand its facilities. The ruling follows a trial last November in which a jury found that the county had violated the church’s civil rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA).
“This sends a message to zoning boards and local governments everywhere: RLUIPA applies to you too,” said Eric Rassbach, National Director of Litigation. “The Court decision reaffirms that Boulder County violated the law and ensures that Rocky Mountain Christian Church, which has been bursting at the seams, is finally allowed to build these vital facilities.”
The church, along with Rocky Mountain Christian Academy, a private school serving kindergarten through eighth grade students, filed the original zoning permit application in 2004. The County opposed it even though it had approved a similar permit for a secular school nearby.
“This case proves that RLUIPA requires zoning boards everywhere to treat Churches and religious schools on the same terms as secular institutions,” added Rassbach.
RLUIPA was passed unanimously by both houses of Congress and signed into law by President Clinton in 2000.
The church was represented by Darrell Waas, Tom Macdonald and Kathryn Hopping of the Denver law firm of Otten Johnson, Robinson, Neff & Ragonetti with the assistance of Eric Rassbach, national litigation director for the Becket Fund for Religious Liberty.
The Becket Fund for Religious Liberty (www.becketfund.org) is a public interest law firm based in Washington, D.C. For more information or to arrange an interview with an attorney, please contact Kristina Arriaga at cell 703.582.8962 or karriaga@becketfund.org. Resources & Documents
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