United States Fourth Circuit

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Bethel World Outreach v. Montgomery County Council, 11-2176

Summary judgment for defendant-county on plaintiff's challenge to defendant's land use regulation, which prevented plaintiff from constructing a church, is: 1) reversed and remanded in part as to plaintiff’s substantial burden claim under the Religious Land Use and Institutionalized Persons Act, where the district court erred in holding as a matter of law that defendant did not impose a substantial burden on plaintiff’s religious exercise and defendant failed to show that the ordinance was the least restrictive means of furthering its interest; and 2) affirmed in all other respects.

Appellate Information

  • Decided 01/31/2013
  • Published 01/31/2013

Judges

  • MOTZ

Court

  • United States Fourth Circuit

Counsel