I’m not sure about this one. While they certainly can build the Yeshiva under RLUIPA, they may not win the point about building a dorm. From “fountain gate ministries v. city of plano” (Granted, before RLUIPA was passed). Then again, it is not worth the zoning fight which the board will probably lose or settle.
Thus, the trial court properly concluded that the above enumerated activities were that of a college, and not of a church. We have found no case, and none is cited, that includes the existence or location of colleges within the purview of the first amendment. We hold that the operation of a college is not protected as an exercise of freedom of speech or freedom of religion within the first amendment.