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Settlement Agreement Reached Between the Santa Fe Board of County Commissioners and the O’Centro Espirata Beneficente Uniao Do Vegetal, Nucleo Santa Fe (UDV)

Santa Fe, NM – November 13, 2012 - The Board of County Commissioners (BCC) announced a settlement in the pending litigation between O’Centro Espirata Beneficente Uniao Do Vegetal, Nucleo Santa Fe (UDV) and the BCC. The litigation concerned the Board’s denial of the UDV’s application pursuant to the Santa Fe Land Development Code for a proposed Temple in the Arroyo Hondo area.

The permit to construct the Temple was denied by the Board in October of 2011 after a lengthy process, which included two extensive public hearings.

The lawsuit was predicated upon the First Amendment to the United States Constitution, the Federal Religious Land Use and Institutionalized Persons Act (RLUIPA) and the New Mexico Religious Freedom Restoration Act. A permanent injunction was requested.

With the permission of the federal district court, the parties engaged in mediation, culminating in a full day mediation session where a tentative agreement was reached between the parties.

Under the settlement UDV will dismiss its pending lawsuit against the BCC and waive any claims for damages. The order previously denying the application will be withdrawn and an order approving the application will be prepared for approval by the Board in a subsequent meeting. The settlement provides a number of measures to address the concerns of residents in relation to the construction of the proposed Temple. Among them are the following: (i) the County will provide water supply for the proposed Temple from the County utility; (ii) the County will provide an advanced sewage waste treatment; (iii) the UDV will conduct all of its services inside the proposed Temple and will limit activities as described in a document attached to the settlement agreement; (iv) the UDV will construct a wall to shield the neighbor from sounds and activities at the proposed Temple (including the sounds of automobiles and automobile lights).

The Santa Fe County Land Development Code permits community service facilities (churches, schools, community centers, police and fire stations) to exist anywhere in the County providing the use is compatible with surrounding uses. Church facilities have been permitted in Santa Fe County under this provision of the Code.

“In broad terms, this settlement permits the UDV to go forward with their plans for a Temple on land they consider to be consecrated, and the BCC obtained significant concessions from the UDV to assure that the use is compatible with the neighborhood,” said Stephen Ross, Santa Fe County Attorney. Ross continued, “Any settlement, particularly of a land use case, represents a compromise of hard fought positions by both parties, and a good settlement is one is which neither party gets exactly what they want, but the matter is resolved without the risks, time and expense of further litigation.”