Religious Institutions Claim Federal Law Trumps Local Zoning and Land-Use Codes

Summary


To Eric Nestor, the Religious Land Use and Institutionalized Persons Act is a blessing.

The eight-year-old federal law is permitting Chesapeake Church to challenge what Nestor, the church's lawyer, says are Calvert County's overly restrictive zoning regulations in order to keep direct main-road access to its counseling center and food bank.

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Religious Institutions Claim Federal Law Trumps Local Zoning and Land-Use Codes

"Basically where we are is, but for that statute, the church's dispute with the county would be over," Nestor said.

To Daniel Karp, who is representing Calvert County in a lawsuit filed by Chesapeake Church, the act gives religious institutions unfair power to try and strong-arm municipalities into letting them use their land however they want, no matter the zoning rules.

"I guess it could be variously described as an attempt to level the playing field ... or it can...

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