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$1.15M Settlement Reached In Church Zoning Case

By Howard M. Friedman

Alliance Defense Fund announced Friday that a $1.15 million settlement had been reached in St. Benedict Center v. Town of Richmond, a suit in New Hampshire state court in which a conservative Catholic religious organization brought constitutional and RLUIPA challenges to various zoning rulings restricting its building of a chapel and religious school. (Full text of complaint.) In October, the court granted summary judgment to St Benedict holding that the requirement that a house of worship obtain a special zoning exception is an unconstitutional prior restraint on speech and that various conditions imposed on St Benedict's site plan violate the "substantial burden" provisions of RLUIPA. However the court held that individual members of the Planning Board and Zoning Board of Appeal had absolute judicial immunity for their actions, despite allegations that the Planning Board chairman was motivated by his disagreement with St. Benedict's teachings on abortion, homosexual behavior, pornography and divorce. (Full text of decision.) (See prior posting.)

In April, the parties submitted a proposed settlement, but nearby landowners intervened to object to the settlement. The court ordered the town's Board of Selectmen to confer with town zoning bodies on the matter. Now, apparently after such consultation, a settlement has been reached. In addition to payment of damages and attorneys fees, the town has agreed to a separate settlement that makes completion of the Church and school building possible.

Full post as published by Religion Clause on June 27, 2010 (boomark / email).