A federal judge’s ruling that backs Rocky Mountain Christian Church’s expansion plans is being hailed as a boon for religious freedom in Boulder County.
“This not only has implications for us,” said church pastor Alan Ahlgrim, “But it also has profound implications for all religious organizations in Boulder County, be they Christian or not.”
The church claimed the Boulder County commissioners violated the federal Religious Land Use and Institutionalized Persons Act, signed into law by President Bill Clinton in 2000. The act protects churches in land-use disputes.
The commissioners argued the church was seeking special treatment when its officials applied for a special-use permit in 2004.
Judge Robert Blackburn on Monday ordered the commissioners to approve plans to expand the church’s 106,000-square-foot complex at Niwot Road and 95th Street by 132,000 square feet.
County Commission Chairman Ben Pearlman said the county may appeal the order.
“If this ruling holds, it means effectively we have a two-tier system for land use,” he said. “Everybody else will be subject to one set of rules, and religious institutions will be subject to something completely different.”
The church wants to build an educational building, a multipurpose chapel building, a gym and a gallery on its 52-acre parcel.
The commissioners denied the original application in February 2006, saying the development was too intensive and not in harmony with the surrounding area.
The case went to trial in November, with jurors deciding that the county commissioners did not discriminate against Rocky Mountain Christian Church but did violate the federal law.
In his opinion, Blackburn wrote that the church suffered “substantial” harm when it tried to exercise its “statutorily protected right to the free exercise of religion in the context of land use.”
Monte Whaley: 720-929-0907 or mwhaley@denverpost.com
