CO Supreme Court: Victory for Archdiocese of Denver

May 4, 2007

On May 1, 2007, the Supreme Court of the state of Colorado denied the Town of Foxfield’s petition for Writ of Certiorari, reversing an earlier ruling that had granted the petition in the case of Town of Foxfield v. Archdiocese of Denver. The Court's ruling allows the Church's RLUIPA claims to go forward, and upholds an appeals court decision in August that found that a parking law (Ordinance No. 3) passed by the town,

"...was passed specifically to target parking on the rectory's property in response to the protests of the rectory's neighbors. Accordingly, the appropriate test for constitutional review of Ordinance No. 3 is strict scrutiny."

The Becket Fund for Religious Liberty wrote a brief defending RLUIPA, which had been challenged as unconstitutional by the Town. Setting aside some significant differences in ideology or faith, 16 other religious and civil rights organizations signed the brief supporting the constitutionality of RLUIPA.  The brief was submitted to the CO Supreme Court in March 2007.

To read the brief, click here.

For a detailed summary of the case, click here.

Relevant Cases

• Town of Foxfield, Colorado v. The Archdiocese of Denver