Over at the Religion Clause blog there is an interesting post about the clash between zoning laws and religious land use.
Here is the post:
"An article in yesterday's Lancaster (PA) Sunday News raises an interesting religious land use issue posed by the apparently growing practice of churches renting out movie theaters for use for religious services on Sunday mornings. The zoning rules in Manheim Township, Pennsylvania permit theaters and other commercial uses in industrial zones, but not churches. Township zoning officials have issued a notice of violation to the owner of the Penn Cinema who rents out his theater each Sunday to the Crossings Church. Theater owner Penn Ketchum argues that renting out the theater for a church service does not change the character of the building. He argues: "While they're finishing up their service, we're literally opening our doors to the moviegoing public."... At no time do we cease to be a movie theater. We continue to be well within our parking ratios, as well as building capacity. The service still leaves literally 90 percent of the building unoccupied.... To me there's a big difference between a church and a church service.'"
There is a great deal of hostility in many communities toward religious land use, and a recent federal civil rights law has altered the playing field between regulators and religious land users. This is one of the most important and interesting property issues under modern law. Our study of this issue is one of the highlights of the course for me.
