MESSIAH BAPTIST CHURCH V. THE COUNTY OF JEFFERSON, 859 F.2d 820 (10th Cir. 1988) CASE BRIEF

MESSIAH BAPTIST CHURCH V. THE COUNTY OF JEFFERSON

859 F.2d 820 (10th Cir. 1988)

NATURE OF THE CASE: This was a dispute over zoning regulations.

FACTS: Church (P) purchased 80 acres of vacant land that was zoned for agricultural usage. This land could be used for dwellings, barns, stables, poultry hatcheries, dairy farms, greenhouses, roadside stands, feedlots, feeding garbage to hogs, veterinarian hospitals, and the storage of manure and related uses. The land could not be used for schools, community buildings, and churches. P applied for a building permit to erect a single structure to use as a church, administrative offices, and school purposes. That application was denied. Two years later, the County (D) amended the A-2 zoning to authorize church uses by special use permit subject to approval by the planning commission. P then filed another application for a building permit and then withdrew its application. Two years later it again applied for a comprehensive drive in church, and a 12,000 square foot structure. The special use permit was denied for access problems, erosion hazards, and fire protection.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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