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Second Circuit Tackles RLUIPA
The federal Religious Land Use and Institutionalized Persons Act (RLUIPA) threatens to have a significant impact on local zoning decisions. Municipalities across the country have challenged the statute's constitutionality. In the most recent of those cases, Westchester Day School v. Village of Mamaroneck, 2004 US App LEXIS 20327 (NYLJ, 10/15/2004, p. 18, col. 1), the Second Circuit declined to address the constitutional issues directly, but suggested a narrow construction of the statute that would reduce RLUIPA's impact on local zoning policies.
The Facts, the Statute, and the District Court decision
Westchester Day School has operated a Jewish Day School in Mamaroneck for over 50 years. In 2001, the school applied to the village Zoning Board of Appeals (ZBA) for a modification of its special permit to enable the school to build additional facilities. Most of the new facilities were secular in nature, including classrooms, computer and art rooms, a cafeteria, and additional parking. As community opposition to the expansion mounted, the ZBA denied the school's application, citing ordinary zoning concerns, such as increased intensity of use due to increased enrollment, traffic concerns, and insufficient parking.
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