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Westchester Day School v. Village of Mamaroneck

United States Court of Appeals for the Second Circuit

504 F.3d 338 (2d Cir. 2007)

Relevant factsFree

Westchester Day School (plaintiff), an Orthodox Jewish school out of space, sought a permit to expand its building; the Village of Mamaroneck (defendant) denied the application citing traffic and parking concerns, offering no path for revision or negotiation. The school sued under the Religious Land Use and Institutionalized Persons Act, and the district court found the denial arbitrary, capricious, and unsupported by substantial evidence; the Village appealed.

IssueFree

Whether the government may impose a land use regulation that substantially burdens religious exercise when the regulation does not further a compelling government interest through the least restrictive means.

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