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Religion & Law

: Constitutionally Correct

Overly broad zoning ordinance is prior restraint on expressive religious use of land

By Alliance Alert

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Adhi Parasakthi Charitable, Medical, Educational and Cultural Society of North America v. Township of West Pikeland, (ED PA, June 23, 2010) | Google Viewer Religion Clause: "A Pennsylvania federal district court held that 'in granting an overly broad amount of discretion to its Zoning Board in deciding whether to allow expressive religious use of land within the Township, Defendant has created a prior restraint on speech in violation of Plaintiff's First Amendment rights.' On plaintiff's free exercise and RLUIPA claims, the court held that there are factual disputes which a jury must decide as to whether the Township's zoning law was applied discriminatorily."

Full post as published by Constitutionally Correct on July 01, 2010 (boomark / email).

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