Saturday, July 13, 2013
Church Camp May Proceed With Free Exercise Claim Challenging Water Diversion Project
In Ministerio Roca Solida v. United States, (D NV, July 10 2013), a Nevada federal district court allowed plaintiff, a Christian organization that operates a church camp, to move ahead with its lawsuit claiming that its free exercise and due process rights were infringed when the U.S. Fish and Wildlife Service engaged in a water diversion project that caused the camp to lose access to a desert stream that had previously flowed across the property. The stream was used for baptisms and religious meditation and fed into a recreational pond used by campers. The court also refused to dismiss plaintiff’s takings and Federal Tort Claims Act allegations.