RLUIPA Ripeness

The Facts

In 2013, the seminary received deeds to two lots in the town. The seminary sought to develop the parcels as a centralized Jewish cemetery operating in conformity with Orthodox Jewish principles. Cemeteries are not a permitted use anywhere in the town. In January 2014, however, the seminary applied to the town planning board for sketch plan approval of the cemetery because part of the property had been used as a burial ground in the past and the planning board had authority to approve enlargement of nonconforming uses. In March 2014, the planning board denied sketch plan approval and referred the application to the zoning board of appeals (ZBA) for an interpretation of the zoning code. In April 2014, the seminary made its first submission to the ZBA, seeking an interpretation that the Planning Board had authority to grant a special use permit or authority to grant an expansion of an existing use. The ZBA raised questions and the seminary responded in writing before the ZBA's May 29 meeting. At that meeting, the seminary learned that the town would not process its application unless the seminary first applied to the county legislature for authorization to use the land as a cemetery In August, the county legislature discussed the issue, and in September, informed the town that the town should first make its land use decision. The town asked the county legislature to re-examine its position, but on Dec. 12, 2014, the county legislature declined to reconsider.