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The Latest Word on RLUIPA
The impact of the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) on the power of local zoning authorities has been the subject of much concern across the country. In New York, the primary focus of attention has been on efforts by the Village of Mamaroneck to thwart the expansion plans of the Westchester Day School (WDS), which has operated a Jewish day school in a residential neighborhood for more than 50 years. The latest chapter in the saga is an opinion by Judge Conner of the Southern District ordering the Mamaroneck Zoning Board of Appeals to approve the Day School's special permit application. The opinion is noteworthy on two fronts: first, for its broad construction of 'religious exercise,' and second for its treatment of the compelling government interests that might justify placing a substantial burden on religious exercise.
Background
In 2001, WDS applied to the Mamaroneck Zoning Board of Appeals (ZBA) for a modification of its special permit to enable the school to build additional facilities. These facilities included classrooms, a cafeteria, and additional parking. The expansion plan engendered community opposition, and the ZBA ultimately denied the application, citing increased intensity of use due to increased enrollment, traffic concerns, and insufficient parking.
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