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NY Appellate Court finds board?s denial of special exception permit for church was arbitrary and capricious

By Alliance Alert

Albany Law School | Law of the Land blog: "The Walk in Love for Jesus Christ Church operated as of right in a residential district prior to a change in the zoning ordinance that now requires a special exception permit for religious uses . . . First, with respect to standing, the Court ruled that although the Church was initially incorporated as a charitable and not religious corporation, the Court will focus on the use itself and not the religious nature of the organization. Therefore, since the petitioner proposes to use the premises as a house of worship and to conduct regular services, it is a religious use. The Court then concluded that the Board?s denial was arbitrary and capricious." | Capriola d/b/a/ Walk in Love for Jesus Christ v. Wright, 2010 WL 2000320 (N.Y.A.D. 2 Dept. 5/18/2010)

Full post as published by Constitutionally Correct on May 28, 2010 (boomark / email).