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Religious Uses in Nonresidential Districts

By Stewart E. Sterk
November 27, 2007

What limitations does a municipality face in excluding religious uses in commercial or industrial districts? That issue has arisen in several cases over the last year and a half, most recently in Western New York District, Inc. v. Village of Lancaster (see infra). Although neither New York nor federal courts have definitively answered that question, it appears that municipalities enjoy more latitude to exclude religious uses in commercial and industrial districts than they enjoy with respect to residential districts.

The Preferred Status of Religious Uses

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