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Authors

Beth Prieve

Abstract

Part II of this Note provides a history of religious land use jurisprudence in Washington. This part addresses growth management laws generally, and where these laws cross paths with constitutional guarantees of the free exercise of religion. Part III focuses on the Washington Supreme Court's Open Door decision, separately addressing both the majority opinion and the dissent. Part IV illustrates how the Washington Supreme Court misapplied Washington's religious freedom test in Open Door and significantly shifted religious land use jurisprudence. Part IV further discusses how this shift may include Washington's adoption of the lower federal standard and elaborates upon the negative ramifications this shift would have on churches throughout the state. Part V concludes this Note, discussing how the free exercise of religion has historically been afforded great protection in Washington, and how the Washington Supreme Court is seemingly moving in a different direction.