The Kentucky Supreme Court affirmed a lower court ruling that denied a Catholic organization's request to build a religious shrine, finding no violation of federal religious protection laws in a decision that marks the state's first interpretation of key religious land use protections.
In *Missionaries of Saint John the Baptist, Inc. v. Joel Frederic*, decided Dec. 18, 2025, the court addressed "as a matter of first impression" whether enforcement of a zoning ordinance violated the Religious Land Use and Institutionalized Persons Act (RLUIPA). Chief Justice Lambert wrote for the court, which affirmed the Court of Appeals' ruling but "on different grounds."
The case arose in March 2021 when Jordan Odor submitted an application to Kenton County's Planning and Development Services on behalf of the Sheila Burke Trust and Missionaries of Saint John the Baptist, Inc. The organization owns property in Park Hills where Our Lady of Lourdes, a diocesan Catholic church, is located.
Odor requested that the Park Hills Board of Adjustment issue a conditional use permit and setback variances to allow construction of an outdoor grotto on a small hill next to the church's parking lot. The proposed project included a shrine to the Virgin Mary, a plaza, a walking path, and a retaining wall.
The Religious Land Use and Institutionalized Persons Act, commonly known as RLUIPA, is a federal law enacted to protect individuals and religious institutions from substantially burdensome or discriminatory land use regulations. The statute also protects the religious rights of institutionalized persons.
Congress passed RLUIPA in 2000 following concerns that local zoning laws were being used to exclude religious institutions from communities or impose undue burdens on religious exercise. The law requires that land use regulations affecting religious exercise must serve a compelling government interest and use the least restrictive means possible.
The Missionaries of Saint John the Baptist argued that the zoning denial violated their rights under RLUIPA, contending that the local regulations substantially burdened their religious exercise without sufficient justification. The organization maintained that the outdoor grotto was essential to their religious practices and that the denial discriminated against their faith.
The appellees in the case included several individual property owners - Joel Frederic, Cathleen Matchinga, Charles Meyers, Elizabeth Frederic, Justin Odor, Mark Koenig, Robert Sweet, and Thomas Michael - as well as the City of Park Hills Board of Adjustment and parties associated with the Sheila Burke Trust, including Shelia Burke serving as trustee.
The case worked its way through Kentucky's court system, beginning in Kenton Circuit Court before moving to the Kentucky Court of Appeals. The Court of Appeals ruled against the religious organization, finding no RLUIPA violation had occurred.
When the case reached the Kentucky Supreme Court, the justices faced their first opportunity to interpret RLUIPA's protections in the context of local zoning restrictions on religious structures. The court's analysis required examining whether the zoning ordinance's application constituted a substantial burden on religious exercise and whether any such burden was justified by compelling government interests.
The Supreme Court ultimately agreed with the Court of Appeals that RLUIPA was not violated, though Chief Justice Lambert noted the court reached this conclusion "on different grounds" than the appellate court. The opinion did not detail what those different grounds were in the excerpt available.
This decision adds to the growing body of case law interpreting RLUIPA's scope and application. Federal courts have reached varying conclusions about what constitutes a "substantial burden" on religious exercise and how to balance religious freedom against legitimate government interests in land use regulation.
The ruling affects how Kentucky courts will analyze future RLUIPA claims involving religious land use disputes. Religious organizations seeking to build or expand facilities will need to demonstrate that zoning restrictions substantially burden their religious exercise, while local governments must show their regulations serve compelling interests through the least restrictive means.
For the Missionaries of Saint John the Baptist, the decision ends their legal challenge to build the outdoor grotto. The organization must now either abandon the project or seek alternative approaches that comply with existing zoning requirements.
The case also highlights ongoing tensions between religious freedom and local zoning authority. While RLUIPA provides significant protections for religious exercise, courts must still balance these rights against legitimate government interests in regulating land use for public safety, neighborhood character, and other valid purposes.
The December 2025 decision establishes important precedent for Kentucky's interpretation of federal religious land use protections, providing guidance for future disputes between religious organizations and local zoning authorities throughout the Commonwealth.