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· 1/31/2013

Bethel World Outreach Ministries v. Montgomery County Council

Citations

  • 706 F.3d 548
  • 2013 WL 363620

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that considerable evidence that current facilities inadequately serve religious needs is sufficient to show substantial burden, as is “delay, uncertainty, and expense”
  • ruling that community opposition to size of two proposed church buildings implied no religious animus, only objections to large buildings in rural zone
  • emphasizing that whether the denial is conditional or absolute is a factor to consider in the substantial-burden analysis
  • assuming without deciding that preserving agricultural land, water quality, and open space and managing traffic and noise in the rural density transfer zone is a compelling government interest
  • finding a substantial burden where insufficient space to accommodate a large congregation caused the church to have multiple, shorter services, thereby interfering with Communion and cutting short the church’s “Altar Call” practice
  • applying rational basis review to a church’s claim that the denial of an application for water and sewer service and other land use decisions that prevented the construction of their church violated equal protection

Source: CourtListener parenthetical corpus (CC0).

Judges: Motz, Floyd, Thacker

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.