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Refusal to Approve Summer Camp Triggers RLUIPA
Young Men's Christian Association v. Town of Milo, 2021 WL 4452322, U.S. Dist. Ct, W.D.N.Y (Wolford, C.J.)
In an action by the YMCA alleging violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA} and state law, the town moved to dismiss. The court denied the motion, holding that the YMCA had adequately alleged a RLUIPA violation, but directed the parties to file memoranda explaining why the state law claims should not be dismissed without prejudice and remanded to state court,
The YMCA has long operated a summer camp in the town as a conforming use. In 2018, the town planning board granted the UMCA a special use permit approving expansion of the camp, including construction of a new 40 by 80 foot barn building which doubled the camp's capacity. In 2019, when the YMCA hosted a nonprofit fundraiser auction for the county arts center in the Barn Building, the town issued a notice of violation, contending that the event violated the special use permit. The town explained that the permit did not allow art sales, rehearsal dinners, or weekend spas. The YMCA appealed to the ZBA, which upheld the notice of violation. The YMCA then filed a state court complaint combining an article 78 challenge to the ZBA's determination with a RLUIPA claim. The article 78 challenge asserted that the auction and similar uses constituted permissible accessory uses under state law. The town removed to federal court and moved to dismiss.
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