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6th Circuit Majority Holds Zoning Challenge By Religious Order Is Not Ripe

By Howard M. Friedman

In Miles Christi Religious Order v. Township of Northville, (6th Cir., Dec. 21, 2010), the U.S. 6th Circuit Court of Appeals in a 2-1 decision held that First Amendment and RLUIPA challenges to the zoning ordinances of Northville, Michigan should be dismissed for lack of ripeness. Plaintiff, a Catholic Religious Order, had not appealed to the zoning board of appeals the township's demand for a site plan for continued use of its property. In response to the Order's argument that the township's actions chilled its constitutionally protected activity, the majority said:

a claim does not become ripe at the first whiff of governmental insensitivity or whenever a government official takes an adverse legal position against someone, even if one potential response is to curtail protected activities.

Chief Judge Bachtelder dissenting argued that: "the majority opinion does not adequately account for the First Amendment implications of this case and conflates the exhaustion of administrative remedies with the obtaining of a final decision...." [Thanks to Brian D. Wassom for the lead.]

Full post as published by Religion Clause on December 22, 2010 (boomark / email).