CHEYENNE, Wyo. -- A Federal Court civil jury ruled the City of Cheyenne was within its rights in rejecting Grace United Methodist Church's application to establish a large daycare center in a residential area.
According to a news report in the Casper Star-Tribune, the church sued the city for rejecting its application for a variance from the city zoning regulation. The church cited the Religious Land Use and Institutionalized Persons Act (RLUIPA) to support its case.
RLUIPA states no government can impose or implement a land-use regulation that imposes a substantial burden on a religious institution without a compelling government interest.
The Rev. Jon Laughlin, pastor of the church, said he wasn't surprised at the verdict but was disappointed.
He said he would probably appeal to the U.S. Tenth Circuit Court of Appeals, according to the news report.
The church sought to establish a daycare center for up to 100 children, including infants, that would operate from 6 a.m. to midnight, Monday through Friday.
The city and Mountainview Homeowners Association claim church officials wanted to establish the center to pay for a church expansion project and never mentioned it would include religious instruction until neighbors organized to oppose the plan.
Church officials, including Laughlin, contend they always planned a religious-based daycare center or pre-school in response to an initiative from regional United Methodist bishops.
