News & Analysis as of

Educational Institutions Zoning Laws

Pierce Atwood LLP

Mass. SJC Reaffirms that Zoning Exemption for Educational Uses is Expansive; Residential Psychiatric Program for Adolescents...

Pierce Atwood LLP on

In a noteworthy decision yesterday, the Supreme Judicial Court (SJC) reaffirmed that the exemption in the state’s Zoning Act, M.G.L. c. 40A, for uses deemed to be “for educational purposes,” is construed very broadly.  That...more

Bowditch & Dewey

Therapeutic and Curative Training Is Not “Educational” Under the Dover Amendment

Bowditch & Dewey on

Deciding that the “primary and predominant” purpose of a behavioral skills program was the treatment of serious mental illness and not the teaching of “core life skills,” the Land Court rejected arguments that the program...more

Farrell Fritz, P.C.

Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations

Farrell Fritz, P.C. on

The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply with the zoning rules applicable to other property owners. However, the Appellate Division, Third...more

Franczek P.C.

Zoning Law Applicable to School Districts Signed into Law

Franczek P.C. on

On August 25, 2016, Governor Rauner signed into law Public Act 99-890, which is the result of an effort by the education community to temper the effect of the recent Supreme Court decision in Gurba v. Community High School...more

Franczek P.C.

2016 Legislative Update: Summary of Changes in School Law

Franczek P.C. on

BOARDS OF EDUCATION - ENFORCEMENT OF BINDING PUBLIC ACCESS COUNSELOR OPINIONS - Public Act 99-586 - Effective Date: January 1, 2017 - Individuals who file lawsuits to enforce binding opinions from the PAC...more

Robinson+Cole RLUIPA Defense

Round Two: DOJ Sues Pittsfield Charter Township

Earlier this year, we reported on the dismissal of Michigan Islamic Academy’s (“MIA”) RLUIPA suit against Pittsfield Charter Township. According to the District Court for the Eastern District of Michigan, MIA did not have a...more

Robinson+Cole RLUIPA Defense

Bike Lanes, Jedi, Medicine Men, Cowboys and More: This Week’s RLUIPA Round-Up

What is Religious Exercise? remains a prevalent question in religious land use news this week.  Below, find our semi-regular summary of news items involving local government, religion, and land use....more

Franczek P.C.

Illinois Supreme Court Says School District’s Subject to Municipal Zoning

Franczek P.C. on

On September 24, 2015, the Illinois Supreme Court reaffirmed the adage that “a picture is worth a thousand words” in holding that Community High School District No. 155’s bleacher construction project is subject to and must...more

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