MA Supreme Judicial Court Finds a Religious Exemption for an RV Campground Under the Dover Amendment

This post was authored by Sebastian Perez, JD, Jacob D. Fuchsberg Touro Law Center

Nonprofit Christian organization (the “Organization”) appealed the planning board’s (the “Board”) denial of its application to build a recreational vehicle (RV) campground on its property, arguing that the proposed campground was within Dover Amendment’s (the “Amendment”) limits on the ability of municipalities to control the use of land or structures for religious purposes. The Land Court Department, Berkshire County, entered judgment in part for Organization. Board appealed, and the Organization cross-appealed. The Supreme Judicial Court on its initiative transferred the case from the Appeals Court.

The threshold issue before the Court was whether the Amendment’s exemptions apply to the Organization. The Amendment precluded a town or municipality from adopting a zoning ordinance or bylaw that prohibited, regulated, or restricted the use of land or structures for religious purposes or educational purposes on land owned or leased by a religious sect or denomination, or by a nonprofit educational corporation. To determine this, two inquiries were undertaken; first, whether the goal of the proposed use could reasonably be described as something religiously significant and second, whether that religiously significant goal was the primary or dominant purpose for which the land or structures would be used. Reviewing it de novo as a mixed question of law and fact, the Court determined that the proposed RV camp would have as its primary or dominant purpose a religiously significant goal and would be exempt under the Amendment because the Organization alleged the purpose of the RV camp was to facilitate operations and strengthen its attendance. The Court was unpersuaded by the argument that participation in the recreational activities in the RV camp did not require belonging to the church because the Organization conducted such activities to promote religious goals.

Therefore, the Court held that the proposed use of the RV camp was exempt under the Amendment, set aside the judgment of the Land Court which affirmed the Board’s determination, remanded the matter to the Land Court for entry of a judgment finding that the proposed RV park would be an exempt religious use.

Home Lake Christian Campus, Inc. v Planning Board of Monteray, 2023 WL 3855265 (MA 6/7/2023)