denying zoning variance to operate a daycare on church site did not impinge on religious activities of church as operation of the daycare “is not a fundamental religious activity of a church”
How later courts described this case
- denying zoning variance to operate a daycare on church site did not impinge on religious activities of church as operation of the daycare “is not a fundamental religious activity of a church”
- “In City of Boerne [v. Flores, 521 U.S. 507, 515-16 (1997)], the United States Supreme Court invalidated RFRA as applied to states and their subdivisions because it exceeded Congress’ remedial powers under the Fourteenth Amendment.”
Written by the judges who cited it.
The opinion
Judge FRIEDMAN
concurs in the result only.
ORDER
AND NOW, this 3rd day of April, 2007, we vacate the Court of Common Pleas of Delaware County’s order affirming the Zoning Hearing Board of Ridley Park Borough’s supplemental decision granting a special exception and remand the matter to the Court of Common Pleas of Delaware County to address the Church’s appeal to the Zoning Hearing Board of Ridley Park Borough’s original decision and decide based on all the evidence adduced at the initial and remand hearings whether the Church made out that it is entitled to a *962 special exception under Section 213-7B(3)(b) of the Ridley Park Zoning Ordinance as a “parochial educational institution.”