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Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher
Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
While local legislatures generally have broad authority to enact land use regulations that serve a public interest, the Religious Land Use and Institutionalized Persons Act as well as constitutional limits found in the First Amendment limit religious land use regulations that seek to restrict religious freedom. This article explores the Second Circuit’s decision in Westchester Day School v. Village of Mamaroneck, and makes suggestions about the future implications of the court’s decision.
Religion And Land Use: Westchester Day School V. Village Of Mamaroneck, John R. Nolon, Jessica A. Bacher
Religion And Land Use: Westchester Day School V. Village Of Mamaroneck, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
The Westchester Day School and the Zoning Board of Appeals (ZBA) of the Village of Mamaroneck were involved with several lawsuits stemming from a rescinded “negative” State Environmental Quality Review Act (SEQRA) determination by the ZBA after local public outcry of the school’s expansion. This article explores the relationship between Religious Land Use and Institutionalized Persons Act (RLUIPA) and land use regulations, and comes to the conclusions that Congress enacted the RLUIPA to ensure religious organization landowners are not singled out to bear the burdens of the general public.