Gary Lowry v. Yavapai County Board of Superv

MEMORANDUM

Gary Lowry and Marian Carol appeal pro se from the district court’s judgment in their action alleging violations of their religious freedom rights under federal and state law. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a grant of summary judgment. San Jose Christian Coll. v. City of Morgan Hill, 360 F.3d 1024 , 1029 (9th Cir.2004). We may affirm on any ground supported by the record, id. at 1030, and we affirm.

Summary judgment was properly granted on plaintiffs’ claims under the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”) and Arizona law because the undisputed evidence establishes there was no substantial burden on their exercise of religion. See id. at 1035-36 (concluding there was no substantial burden on the exercise of religion under RLUIPA where party could file application for zoning permit); State v. Hardesty, 222 Ariz. 363 , 214 P.3d 1004, 1007 (2009) (explaining that, to establish a violation of Arizona’s Free Exercise of Religion Act, a party must establish, inter alia, that a governmental act substantially burdens the exercise of religion).

Summary judgment was properly granted on plaintiffs’ First…