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Second Circuit Tackles RLUIPA

By Stewart E. Sterk
November 02, 2004

The federal Religious Land Use and Institutionalized Persons Act (RLUIPA) threatens to have a significant impact on local zoning decisions. Municipalities across the country have challenged the statute's constitutionality. In the most recent of those cases, Westchester Day School v. Village of Mamaroneck, 2004 US App LEXIS 20327 (NYLJ, 10/15/2004, p. 18, col. 1), the Second Circuit declined to address the constitutional issues directly, but suggested a narrow construction of the statute that would reduce RLUIPA's impact on local zoning policies.

The Facts, the Statute, and the District Court decision

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