RLUIPA Applied in Westchester Day School Case

The long awaited decision in the case of the Westchester Day School v.The Village of Mamaroneck Zoning Board of Appeals has been issued by Judge Connor of the U.S. District Court of the Southern District of New York. In a 160 page decision Judge Connor found that the Zoning Board had placed a substantial burden on religious exercise by placing restrictions on the enlargement of the school facilities.

The case is reported in the media at http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20060304/NEWS02/603040340/1026/NEWS10. Counsel to the Village has already expressed an intention to appeal. We will have further comment on the decision, after we have had an opportunity to study the entire decision.