LONGMONT — An appeals court has again ruled that Boulder County violated a federal law when it denied a church’s request to expand.
A three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver said Monday that it would stand by its earlier ruling in favor of Rocky Mountain Christian Church.
County commissioners denied the church’s request for a permit to more than double the size of its campus near Niwot, saying it would violate land-use codes. The church sued, arguing the county violated the federal Religious Land Use and Institutionalized Persons Act.
A district court and the appeals court sided with the church.
The commissioners asked the appeals court to reconsider, leading to Monday’s decision. Boulder County Commissioner Ben Pearlman said the county will likely decide today whether to pursue the case further.
Pearlman said the 10th Circuit decision clarified its earlier ruling, which would help the county in pushing its argument that the church was looking for special privileges in land use.
