Supreme Court to Hear Kentucky Church's Zoning Fight Over a Marian Grotto
The Supreme Court agreed on October 1 to hear Missionaries of Saint John the Baptist v. Frederic, limiting its review to whether a local zoning rule can count as a substantial burden on religious exercise under the Religious Land Use and Institutionalized Persons Act. The dispute began when the Catholic order, which owns a church in Park Hills, Kentucky built in 1930, leased an adjoining lot and sought to build a grotto honoring the Virgin Mary. The city's zoning board granted a conditional use permit, but neighbors challenged the approval, arguing local code only allowed a grotto on property next to an arterial street, which the leased lot was not.
The Kentucky Supreme Court sided with the neighbors, reasoning that the order had a feasible alternative location for a smaller shrine on its existing church property and had known about the zoning restriction before applying. The order argues that reasoning conflicts with how other federal courts have read the same law. Because the Supreme Court has never closely examined what counts as a substantial burden under the statute, the ruling could affect how religious groups challenge local zoning decisions nationwide. A decision is expected by June 2027.
