RLUIPA.org
Denial of Special Use Application Violates RLUIPA
An Orthodox Jewish school won a decisive victory under RLUIPA’s land use provisions. Westchester Day School, which has been the subject of protracted litigation, recently won at trial against the Village of Mamaroneck. The school has been fighting for several years to renovate its facilities, some of which are more than a century old. After a 7-day trial, the court issued a detailed opinion.
In the opinion, the court found that RLUIPA applied to WDS’ case under both its interstate commerce (due to construction activities and out-of-state students) and individualized assessments (due to land use permitting procedures) prongs. The court found that the village placed a substantial burden on WDS’ religious exercise by seriously impeding that exercise and having a “chilling effect” upon it. In the words of the court:
By precluding the construction of much needed facilities, defendants significantly interfered with WDS’ ability to provide an adequate and effective dual curriculum of Judaic and general studies education, and so limited its ability to retain and attract students and faculty as to imperil its continued existence.
The village also failed the strict scrutiny test mandated by RLUIPA. It failed to demonstrate that its traffic interests were compelling, and that no other means, such as re-timing lights, widening roads, or adding turn lanes, would adequately address the problem. It also failed to demonstrate that decreased property values, parking concerns, and the aesthetic impact of the construction were a compelling interests and that could not be mitigated.
Lastly, the court also rejected an Establishment Clause challenge to RLUIPA, relying in part upon the Supreme Court’s decision in Cutter v. Wilkinson upholding RLUIPA’s prisoner provisions against an Establishment Clause challenge.