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9th Circuit Rejects RLUIPA Zoning Challenge In Brief Opinion

By Howard M. Friedman

In an unpublished opinion which sets out none of the relevant facts, the 9th Circuit last Friday in Lowry v. Yavapai County Board of Supervisors, (9th Cir., Jan. 22, 2010), rejected a pro se appeal in a case in which plaintiffs claimed that a zoning decision violated their free exercise rights. The court concluded that summary judgment was properly granted under RLUIPA and Arizona law because no substantial burden on the exercise of religion was shown. No 1st Amendment violation was shown because the zoning laws are neutral and generally applicable. Plaintiffs' equal protection claim failed because they did not identify others who were treated differently under the zoning ordinances.

Full post as published by Religion Clause on January 26, 2010 (boomark / email).