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Kansas Court Finds Demolition Permit Denial Was Free Exercise Violation
In the case of Mt. St. Scholastica, Inc v. City of Atchison, Kansas, a District Court Judge ruled that when the city denied the monastic community a demolition permit for their Administration Building, the city had violated the free exercise clause of the Constitution.
It appears that the parties agree that plaintiff has a sincere religious belief requiring it to “administer [its] corporate holdings justly and prudently so that [it] will be able to witness publicly to the evangelical poverty each member has promised in her commitment to the monastic life.” Although defendant disputes whether this forbids the sale of plaintiff's property to third parties, defendant does not challenge whether its actions otherwise burdened plaintiff's religious practices. For the resolution of the present motions, the court accepts that defendant's actions have burdened plaintiff's religious practices without further analysis of this religious belief.
The Kansas State Historical Society had opposed the demolition because the Administration building is located within 500 feet of buildings listed as historic properties.
Read the decision here.
Resources & Documents
- Decision (PDF, 89.63KB)