In one of the first lawsuits filed under Indiana’s year-old Religious Freedom Restoration Act (Ind. Code §§ 34-13-9-1 to -11), the Hoosier Environmental Council filed a complaint (download here) on behalf of a children’s church camp in eastern Indiana. The complaint alleges that the Rush County Board of Zoning Appeals substantially burdened the House of Prayer Ministries’ exercise of religion by granting a special exception to local zoning ordinances allowing Milco Dairy to construct and operate a concentrated animal feeding operation, known as a CAFO.
House of Prayer Ministries operates Harvest Christian Camp. The camp’s mission is “to provide a safe, health, and Christian rural setting for thousands of children and teens to be educated, enriched spiritually and enhanced by the outdoors.” According to the complaint, the CAFO will hold 1,400 dairy cows and three outdoor waste lagoons within a half mile and upwind of the camp.
The complaint also alleges violations of Indiana and federal constitutional equal-protection provisions, religious protections, and privileges and immunities protections, among other claims.
Hoosier Environmental Council earlier sought administrative review of the Board of Zoning Appeals decision (download petition here).
The Indiana Lawyer reports on the lawsuit here.
Hoosier Environmental Council has a press release here.