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According to Table 3, 63% of religious claims were granted, and 37% were denied. At the judicial level, minority groups appear to fare slightly better than mainline groups: they won 57 cases, or 66% of the cases in which they were involved; majority religions prevailed in 26 cases, or 65% of the cases in which they were involved. Among other things, these figures suggest that judicial review does help remedy the problems minority groups face, and tends to be impartial across groups. Since the data do not indicate that the higher percentage of cases in which minority religions are involved reflect higher levels of ungrounded claims, Table 2's data showing that minority groups face a substantially greater level of problems in the zoning area than mainline churches seems sound.
The percentage of cases in which various denominations' religious challenges to zoning decisions have been won and lost is summarized in Table 4. The figures show the number of claims won and lost both as percentages of the total number of cases and as percentages of the total number of claims in which each denomination (or group of denominations) is involved.
Percentages of Zoning Cases Won and Lost by Denominational Groups and Percentages of
United States Population
of Adult Population
Cases won as %
Cases Lost as % of Total Cases
Larger Denominations Catholics
10.00% Major Protestants (>1.5% of Adult U.S. Population) Baptists
13.68% Minority Denominations (<1.5% of U.S. Population) Assemblies of God
0.53% Christian Science
0.53% Churches of Christ
0.53% Church of God
1.05% Church of LDS
1.05% Eastern Orthodox
0.53% Hare Krishna
1.05% Jehovah's Witness
0.53% Seventh Day Adventists
0.53% Unification Church
1.05% Minority Cases
8.95% Minority + Unclassified
0.53% 0.00% 1.05%
0.53% 0.53% 0.00%
3.16% 0.00% 0.00%
9.47% 24.74% 37.37%
The foregoing data suggest that a variety of factors are operating in the zoning area in the United States that lead to de facto discrimination against smaller religious groups. This confirms that behind the surface of ostensibly neutral zoning laws, a variety of discriminatory and prejudicial factors may be operational that have the effect of violating the religious rights of minority groups.
To facilitate access to the date provided in this appendix, the cases reviewed are listed below, classified as they have been categorized in the study. Within each denominational category, the citations appear alphabetically by jurisdiction (with federal cases preceding state cases) in reverse chronological order. The parenthetical following the citations includes how the case was classified for purposes of the study. The letters in the parentheticals have the following meanings:
G = The religious organization prevailed on the religious claim asserted.
(A) Ellsworth v. Gercke, 156 P.2d 242 (Ariz. 1945) (G) (L) Ramona Convent of Holy Names v. City of Alhambra, 26 Cal. Rptr. 2d 140 (Ct. App.
1993) (D) (A) Tustin Heights Ass'n v. Board of Supervisors of County of Orange, 339 P.2d 914
(Cal. Dist. Ct. App. 1959) (D) (L) St. John's Roman Catholic Church Corp. v. Town of Darien, 184 A.2d 42 (Conn.
1959) (D) (L) Daughters of St. Paul v. Zoning Board, 549 A.2d 1076 (Conn. App. Ct. 1988) (G)
(A) Hull v. Miami Shores Village, 435 So.2d 868 (Fla. Dist. Ct. App. 1983) (D) (A) Diakonian Soc'y v. City of Chicago, 380 N.E.2d 843 (Ill. App. Ct. 1978) (G) (L) Board of Zoning Appeals v. Wheaton, 76 N.E.2d 597 (Ind. Ct. App. 1948) (G) (A) Society of Jesus of New England v. Boston Landmarks Comm'n, 564 N.E.2d 571
(Mass. 1990) (G)(L) Sisters of Holy Cross of Mass. v. Town of Brookline, 198 N.E.2d 624 (Mass. 1964)
(G) (L) Mooney v. Village of Orchard Lake, 53 N.W.2d 308 (Mich. 1952) (G) (L) City of Minneapolis v. Church Universal & Triumphant, 339 N.W.2d 880 (Minn.
1983) (G) (L) Association for Educ. Dev. v. Hayward, 533 S.W.2d 579 (Mo. 1976) (G) (A) Black v. Town of Montclair, 167 A.2d 388 (N.J. 1961) (G) (A) Andrews v. Board of Adjustment, 143 A.2d 262 (N.J. Super. Ct. Law Div. 1958) (G)
(A) Diocese of Rochester v. Planning Board, 136 N.E.2d 827 (N.Y. 1956) (G) (L) Diocese of Buffalo v. Buckowski, 446 N.Y.S.2d 1015 (Sup. Ct. 1982) (D) (L) Province of Meribah Soc'y of Mary, Inc. v. Village of Muttontown, 538 N.Y.S.2d 850
(App. Div. 1989) (D) (A) American Friends of Soc'y of St. Pius, Inv. v. Schwab, 417 N.Y.S.2d 991 (App. Div.
1979) (G) (L) People v. Kalayjiami, 352 N.Y.S. 2d 115 (App. Div. 1973) (D) (L) Franciscan Missionaries of Mary v. Herdman, 184 N.Y.S.2d 104 (App. Div. 1959) (G)
(A) Hayes v. Fowler, 473 S.E.2d 442 (N.C. Ct. App. 1996) (G) (A) Allen v. City of Burlington Board of Adjustment, 397 S.E.2d 657 (N.C. Ct. App.
1990) (G) (L)
1995 (D) (A)
Cochise County v. Broken Arrow Baptist Church, 778 P.2d 1302 (Ariz. Ct. App. 1989)
(D) (L) Abram v. City of Fayetteville, 661 S.W.2D 371 (ARK. 1983) (D) (A) City of Chico v. First Ave. Baptist Church, 238 P. 2d 587 (Cal. Dist. Ct. App. 1951)
(D) (L) East Side Baptist Church of Denver v. Klein, 487 P.2d 549 (Colo. 1971) (D) (A) Parkview Baptist Church v. City of Pueblo, 336 P.2d 310 (Colo. 1959) (D) (A) North Syracuse First Baptist Church v. Village of N. Syracuse, 524 N.Y.S.2d 894
(App. Div. 1988) (G) (A) Yocum v. Power, 157 A.2d 368 (Pa. 1960) (G)(L) Antrim Faith Baptist Church v. Commonwealth, 460 A.2D 1228 (PA. COMMW. Ct. 1983)
(D) (L) City of Sumner v. First Baptist Church, 639 P.2d 1358 (Wash. 1982) (G) (A) State ex rel. Lake Drive Baptist Church v. Bayside Bd. of Trustees, 108 N.W.2d 288
(Wis.) (G) (L)
York, 914 F.2d 348 (2d Cir. 1990) (G) (A)
550 N.Y.S.2d 981 (Sup. Ct. 1989) (G) (A) Diocese of Central New York v. Schwarzer, 199 N.Y.S.2d 939 (Sup. Ct. 1960) (G)(L) Heard v. City of Dallas, 456 S.W.2d 440 (Tex. Civ. app. Ct. 1970) (G) (L) LUTHERAN: Miami Beach Lutheran Church of Epiphany v. City of Miami Beach, 82 So.2d 880
(Fla. 1955) (D) (L) Johnson v. Evangelical Lutheran Church of Messiah, 54 S.E.2d 722 (Ga. Ct. App.
1949) (G) (L) Bethel Evangelical Lutheran Church v. Village of Morton, 559 N.E.2d 533 (Ill. App.
Ct. 1990) (D) (A) Our Savior's Evangelical Lutheran Church of Naperville v. City of Naperville, 542
N.E.2d 1158 (Ill. App. Ct. 1989) (G) (A) Schueller v. Board of Adjustment, 95 N.W.2d 731 (Iowa 1959) (G)(L) Zion Evangelical Lutheran Church v. City of Detroit Lakes, 21 N.W.2d 203 (Minn.
1945) (D) (L) St. John's Evangelical Lutheran Church v. City of Hoboken, 479 A.2d 935 (N.J.
Super. Ct. Law Div. 1983) (G)(L) Lutheran in America v. City of New York, 316 N.E.2d 305 (N.Y. 1974) (G) (A) Synod of Ohio of United Lutheran Church v. Joseph, 39 N.E.2d 515 (Ohio 1942) (G)
1956) (D) (A)
marks Preservation Bd., 916 P.2d 374 (Wash. 1996) (G) (L)
(D.D.C. 1994) (G) (A) Synod of Chesapeake, Inc. v. City of Newark, 254 A.2d 611 (Del. Ch. 1969) (G) (A) City of Richmond Heights v. Richmond Heights Presbyterian Church 764 S.W.2d 647
(Mo. 1989) (G) (A) First Westminister Presbyterian Church v. City Council, 393 N.Y.S.2d 180 (App. Div.
1977) (G) (L) Westminister Presbyterian Church v. Edgecomb, 189 N.W. 671 (1922) (G)(L)
ASSEMBLIES OF GOD.
N.Y.S.2d 819 (App. Div. 1986) (D) (A)
NYT Assembly of God uue County, 775 PS, 20 942 (4th Cit. Do
2d 819 (App. Dit Church v. Villace pupp. 383 MD. 1984) (D) (A)
1983) (D) (L) Mahart v. First Church of Christ Scientist, 142 N.E.2d 678 (Ohio Ct. App. 1955) (G)
CHURCH OF CHRIST:
App. 1978) (G) (A)
CHURCH OF GOD:
1522 (N.D. Ala 1990) (G) (L) Corporation of the Presiding Bishop v. City of Porterville, 203 P.2d 823 (Cal. Dist.
Ct. App. 1949) (D) (L) Corporation of the Presiding Bishop v. Ashton, 448 P.2d 185 (Idaho 1968) (G) (A) City of Las Cruces v. Huerta, 692 P.2d 1331 (N.M. Ct. App. 1984) (D) (L)
Div. 1994) (D) (L)
(G) (L) Cornerstone Bible Church v. City of Hastings, 740 F. Supp 654 (D. Minn. 1990) (D)
1983) (D) (L)
F.2d 303 (6th Cir. 1983) (D) (L)
(G) (L) Matthews v. Board of Supervisors, 21 Cal Rptr. 914 (Dist. Ct. App. 1962) (D) (L)