Religious Freedoms vs. Land-Use Laws

A Vermont couple is challenging the decision of a state zoning commission that limits their right to illuminate a 24 foot cross on their own property to several weeks around Christmas.

1 minute read

February 7, 2011, 12:00 PM PST

By Victor Negrete


This article describes the story of a couple that has started a First Amendment battle in Lyndon, Vermont.

The couple, Richard and Joan Downing, claim that the 24-foot-tall cross is a constitutionally protected expression of their faith. Neighbors of the Downings and land use officials in Vermont, however, believe that the illuminated cross detracts from the natural beauty of the town and want it to come down.

Patricia Salkin, an Albany Law School professor and land use expert, explains the situation as similar to a person who wants to post a sign on private property that reads "I hate the president." The sign is protected as free speech under the Constitution, however, Salkin says, "if it's a sign so out of scale with the character of the community, the municipality might say it can't be bigger than X-dimension."

Monday, February 7, 2011 in BurlingtonFreePress.com

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Aerial view of town of Wailuku in Maui, Hawaii with mountains in background against cloudy sunset sky.

Maui's Vacation Rental Debate Turns Ugly

Verbal attacks, misinformation campaigns and fistfights plague a high-stakes debate to convert thousands of vacation rentals into long-term housing.

July 1, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

July 2, 2025 - Diana Ionescu

White and purple sign for Slow Street in San Francisco, California with people crossing crosswalk.

San Francisco Suspends Traffic Calming Amidst Record Deaths

Citing “a challenging fiscal landscape,” the city will cease the program on the heels of 42 traffic deaths, including 24 pedestrians.

July 1, 2025 - KQED

Google street view of red brick multi-story power plant building in Pittsburgh, PA.

Defunct Pittsburgh Power Plant to Become Residential Tower

A decommissioned steam heat plant will be redeveloped into almost 100 affordable housing units.

July 4 - Pittsburgh Post-Gazette

Cyclist on protected bike lane in middle of street in Washington D.C. with Washington Monument obelisk visible in background.

Trump Prompts Restructuring of Transportation Research Board in “Unprecedented Overreach”

The TRB has eliminated more than half of its committees including those focused on climate, equity, and cities.

July 4 - Streetsblog USA

Blue and silver Amtrak train at small station.

Amtrak Rolls Out New Orleans to Alabama “Mardi Gras” Train

The new service will operate morning and evening departures between Mobile and New Orleans.

July 3 - New Orleans City Business