Boulder County lost its appeal Monday in a zoning dispute with the largest church in the county, which both sides say could affect similar cases nationwide.
Rocky Mountain Christian Church was seeking to more than double its campus to 240,000 square feet from about 106,000 square feet near Niwot. The church had challenged the county’s denial of a special-use permit under the federal Religious Land Use and Institutionalized Persons Act, which protects churches from discriminatory land-use laws.
The county had argued that jurors didn’t have sufficient evidence when they returned a verdict in November 2008 allowing Rocky Mountain Christian Church to expand. Jurors said the county’s zoning laws were unfairly applied to churches.
In the ruling Monday, the 10th U.S. Circuit Court of Appeals said the court cannot substitute its judgment for the jury’s. It upheld U.S. District Judge Robert Blackburn’s order that the county approve the permit.
Pastor Alan Ahlgrim said the church has opened another large campus in nearby Frederick since it applied for the expansion permit in 2004. “We got caught in that legal quagmire. We’ll see what God has in store for our future. This was about keeping our options open.” The Associated Press
