Denver, USA - Boulder County lost its appeal Monday in a zoning dispute with the largest church in the county in a case that both sides say could affect similar cases nationwide.
Rocky Mountain Christian Church is seeking to more than double its campus to 240,000 square feet near Niwot, about five miles northeast of Boulder.
The county had denied the church's request for a special-use permit. The congregation challenged the decision 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 that allows Rocky Mountain Christian Church to expand in the county. That jury found that the county's zoning laws placed a substantial burden on the practice of religion, were unfairly applied to churches, and placed unreasonable limits on religion.
In the ruling Monday, the 10th U.S. Circuit Court of Appeals rejected the county's claim of insufficient evidence and 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.