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Zoning Challenge Dismissed On Ripeness Grounds

By Howard M. Friedman

In Miles Christi Religious Order v. Northville Township, 2009 U.S. Dist. LEXIS 36228 (ED MI, April 30, 2009), a Michigan federal district court dismissed as unripe a challenge to a Township's zoning determination classifying as a small church the house where Miles Christi priests and monks reside and conduct classes and services. Miles Christi, a Catholic religious order, challenged the determination as a violation of RLUIPA, the 1st and 14th Amendments and various provisions of the Michigan constitution. The court found that plaintiffs had not appealed to the zoning board of appeals the township's determination that a change to a more intensive use of the property had occurred. Nor did they submit a site plan or seek a variance or other administrative relief from the zoning board of appeals.

Full post as published by Religion Clause on May 03, 2009 (boomark / email).