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News Brief

September 29, 2004
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A U.S. appeals court ruled against a New York day school that wanted to expand its facilities. On Monday, the United States Court of Appeals for the Second Circuit overturned a summary judgment for the Westchester Day School, which claimed the Zoning Board of Appeals in Mamaroneck, N.Y., unlawfully denied its petition to build a new school building and new parking spaces. The board had cited traffic concerns in making its decision. The court disagreed with the school’s argument that because of the Religious Land Use and Institutionalized Persons Act of 2000, the board needed a more compelling reason to deny a religious group permission to expand. The case now goes back to the circuit court, where it will be heard in its entirety.

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