Constitutional Law Civil Rights Zoning, Planning & Land Use

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

Kosher Meals for Prisoners: U.S. Department of Justice Wins Claim of Religious Discrimination against the Florida Department of...

A federal court has ruled that the Florida Department of Corrections’ (Department) refusal to provide kosher meals to inmates violates the Religious Land Use and Institutionalized Persons Act (RLUIPA). The court’s decision in...more

City of Marysville, Washington Defeats RLUIPA, RFRA, and Fair Housing Claims

In Holy Ghost Revival Ministries v. City of Marysville (W.D. Washington), the U.S. District Court for the Western District of Washington considered claims of religious discrimination brought by Holy Ghost Revival Ministries...more

Suit by “Interested,” Neighboring Municipalities to Enforce SEQRA Requirements Does Not “Impose or Implement” a Land Use...

On March 27, 2015, the Southern District of New York granted summary judgment in favor of all defendants in the consolidated action Bernstein v. Wesley Hills, 08-CV-156; 12-CV-8856 (KMK), (the “Wesley Hills” Action). The...more

Transgender Native American Prisoner Denied Access to Sweat Lodge and Unsatisfied with the Alternative Sues under RLUIPA: More on...

Corrections Corporation of America (Dist. Idaho 2015) because the decision reflects a recent trend in RLUIPA cases: close judicial scrutiny as to whether a compelling government interest is furthered by “the least restrictive...more

St. Louis Homeless Shelter Files RLUIPA Claim and Requests Preliminary Injunction to Continue Operations

Plaintiff, New Life Evangelistic Center, Inc., (“New Life”), an interdenominational Christian Church formed in 1972 by Reverend Larry Rice, recently sued the City of St. Louis, Missouri (the “City”) in the Eastern District of...more

“Integral Yoga” Group and Swami Hope to Find Their Inner Balance in Federal Court; Lawsuit Alleges Religious Discrimination by...

The Spirit of Aloha Temple (“Spirit”) and Fredrick R. Honig a/k/a Swami Swaroopananda are suing the County of Maui and the Maui Planning Commission (“Commission”) over the Commission’s denial of their proposal to use an...more

Evangelical Church Sues Colonie, New York, Alleges Religious Discrimination, Over Delays in Land Use Approval Process

An evangelical church, Life Covenant Church a/k/a LifeChurch.tv (“LifeChurch”), is suing Colonie, New York (“Town”), the Town’s Planning Board, certain of its members, and the Town’s attorneys over allegations that the Town’s...more

2d Cir Extends Williamson County Ripeness "Final Decision" Requirement To ADA Claims

Ah, Williamson County. We've ranted about it before, so we won't do so here (again). But takings mavens know that a property owner must meet two tests before she can raise a takings claim against a state or local government...more

Second Circuit Restores Litchfield Synagogue's Lawsuit

A lawsuit filed by a Litchfield Jewish organization has been reinstated, giving the group new hopes it will ultimately win approval to build a 20,000-square-foot synagogue and community center near the historic...more

Norwalk Settles Mosque Lawsuit for $2 Million

A long-running dispute between the city of Norwalk and an Islamic group appears to be settled, with the city agreeing to pay $2 million to the group and help it find an alternate location for a mosque and a meeting...more

Second Circuit Revives Chabad Group’s RLUIPA Suit

On September 19, 2014, the Second Circuit issued its decision in Chabad Lubavitch of Litchfield County, Inc. v. Borough of Litchfield (2d Cir. 2014), reversing the lower court’s entry of summary judgment in favor of the...more

City’s Handling of Application for Subdivision Approvals May Trigger Liability Under Fair Housing Act

The Federal Fair Housing Act (“FHA”) prohibits discrimination in the sale or rental of housing, including discriminatory land use decisions, on account of race, color, religion, sex, national origin or familial status. The...more

New RLUIPA Suit Accuses Two New York Municipalities of Anti-Semitism

The Village of Bloomingburg, NY (Village) and the Town of Mamakating, NY (Town) are facing allegations of religious discrimination in land use regulation. On September 8, 2014, the Bloomingburg Jewish Education Center,...more

DOJ Sues Minnesota City Over Denial of Islamic Somali Immigrants’ Mosque Proposal

The U.S. Department of Justice (DOJ) has sued the City of St. Anthony Village under the Religious Land Use and Institutionalized Persons Act (RLUIPA) after the City Council, in 2012, denied the Abu Huraira Islamic Center’s...more

Religious Institutions Update: March 2013

In this Issue: - Key Cases - Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors - Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in...more

Religious Institutions Update: January 2013

In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §2000cc et seq. (RLUIPA), in recognition that "new, small, or unfamiliar churches in particular, are frequently discriminated...more

Koontz v. St. John's River Water Management District

Brief Amicus Curiae of Owners' Counsel of America in Support of the Petitioner

Today, on behalf Owners' Counsel of America, we filed this amicus brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That's the case asking whether the "essential nexus" and "rough...more

How Late Is It?

On September 28th, 2012 Cook County Associate Judge Thomas Donnelly threw out the arrests of Occupy Chicago demonstrators who had been charged with violation of the City of Chicago’s overnight park curfew. He went on to...more

Arkansas Game & Fish Comm'n v. United States

Brief Amicus Curiae of Owners' Counsel of America

This is the amicus brief of Owners' Counsel of America in Arkansas Game & Fish Comm'n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), the case in which the Federal Circuit held that flooding caused by the Corps of...more

Magner v. Gallagher

Brief Amicus Curiae Of Pacific Legal Foundation, Center For Equal Opportunity, Competitive Enterprise Institute, And The CATO...

The federal Fair Housing Act makes it unlawful "[t]o refuse to sell or rent after the making of a bona fide offer ... or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex,...more

Property and Business Owners' Precondemnation Damages Claims Dismissed

We've covered in the past the impacts property and business owners suffer when government agencies plan for public projects. We've also covered when agency planning crosses the line and results in precondemnation damages or...more

InfoBytes Special Alert: Supreme Court Grants Petition for Writ of Certiorari in Disparate Impact Case

On November 7, 2011, the Supreme Court granted a petition for a writ of certiorari in the case of Magner v. Gallagher, 10-1032, which poses the question of whether disparate impact claims are cognizable under the Fair Housing...more

Justice Scalia Predicts Kelo v. City of New London Will be Overturned

When we think of some of the most well-recognized and controversial decisions from our judicial system, cases like Roe v. Wade (abortion) and Dred Scott v. Sandford (slavery) come to mind. Within our group of right of way...more

C&J Coupe Family Ltd Pship v. County of Hawaii

Reply Brief for the Petitioner

Today, we filed the Reply Brief (also available below) in the case that asks: after Kelo, when is eminent domain pretextual? Last month, we filed a cert petition asking the Supreme Court to review the Hawaii Supreme...more

C&J Coupe Family Ltd Pship v. County of Hawaii

Petition for a Writ of Certiorari

This case presents the opportunity for the U.S. Supreme Court to firmly establish what the majority and Justice Kennedy’s concurring opinions in Kelo v. City of New London, 545 U.S. 469 (2005) strongly suggested, but did not...more

53 Results
|
View per page
Page: of 3

Follow Constitutional Law Updates on:

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×