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Education Zoning, Planning & Land Use Constitutional Law

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.

New Jersey Township’s Recently Enacted Ordinances Alleged to Violate RLUIPA

Earlier this month, Agudath Israel of America Inc. (“Agudath Israel”) sued the Township of Jackson, New Jersey (“Jackson”), challenging Jackson’s recently-enacted land use ordinances restricting schools from all but three...more

School Districts not Exempt from Paying Assessments to Fund Flood Control Services - California Appellate Court Finds...

by Best Best & Krieger LLP on

An assessment to fund flood control and drainage services imposed by a county reclamation district on a school district was upheld Friday by a California appellate court. The court found that the trial court erred in...more

Ocean, NJ ordered to allow Yeshiva boarding school

In January of this year, Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) filed a 79-page complaint in federal court against the Township of Ocean, New Jersey, and the Township’s Zoning Board of Adjustment (the “Township)...more

Prevailing RLUIPA Defendant Denied Attorneys’ Fees

This summer, we reported that Genoa Charter Township prevailed in a lawsuit filed by Livingston Christian Schools (LSC), which claimed that the Township violated RLUIPA’s substantial burden provision, the First Amendment to...more

New Complaint Challenges Constitutionality of Connecticut Educational System

by Shipman & Goodwin LLP on

On August 23, 2016, four Connecticut parents, on behalf of themselves and their seven children, filed a 71-page complaint in the United States District Court for the District of Connecticut against Governor Dannel Malloy and...more

Religious Institutions Update: August 2016

by Holland & Knight LLP on

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

School district’s condemnation of a private road passes the test

by Snell & Wilmer on

The power of eminent domain allows a government or quasi-governmental entity to condemn (take) private property for a public use upon a showing of necessity. In exchange, the property owner must receive “just compensation”...more

No TRO: Here’s Why

The U.S. District Court for the Eastern District of Michigan, approximately two weeks after it denied Livingston Christian Schools’ (“LCS” or “School”) request for a temporary restraining order (“TRO”), has issued a written...more

Federal Court Denies Religious School’s Request for Temporary Restraining Order

A few weeks ago, we reported on a new RLUIPA suit arising in Genoa Charter Township, Michigan, where Livingston Christian Schools is suing the Township over the denial of a special land use permit to operate a religious...more

RLUIPA Round-Up

by Robinson & Cole LLP on

We’re a little late with the round-up, but promise to continue our effort to bring you interesting stories from the intersection of religion and government. - Mayfair, Pennsylvania residents feel disappointment after...more

Court Finds Muslim Group Lacks Property Interest and Tosses RLUIPA Suit; Pittsfield Charter Township Wins

by Robinson & Cole LLP on

A federal court in Michigan has ruled against a Muslim group in its RLUIPA suit against Pittsfield Charter Township after finding that the group lacked a legally cognizable property interest to sustain its claims. To...more

‘Tis The Season For Nativity Scenes & Satanic Displays: Happy Holidays from RLUIPA Defense

by Robinson & Cole LLP on

Ah the holiday season—a time for family, friends and overeating. While most individuals grapple with balancing a love for holiday treats and some modicum of self-control, the Nation is faced with a perennial balancing act:...more

Illinois Court: Municipal Zoning and Stormwater Laws Apply to School District's Construction Project

Much of land use law involves questions over the breadth of local government powers. Today, we're looking at a spat between two units of local government: a municipality and a school board. The decision in Gurba v....more

Redeveloping Redevelopment: Recent Legislation

by Miller Starr Regalia on

THE RISE AND (UNINTENDED) FALL OF REDEVELOPMENT IN CALIFORNIA. The rise and fall of redevelopment agencies in California has been extensively written about, including in this publication. The history of redevelopment...more

Oxnard Union High School District to Acquire Nearby Church Property

by Nossaman LLP on

The Oxnard Union High School District began Eminent Domain procedures to acquire property owned by the Church of Jesus Christ of Latter-day Saints. The property is required for construction of a right-turn lane for the new...more

Religious Institutions Update - November 2013

by Holland & Knight LLP on

Diminished donations have led many faith-based organizations to become more creative about increasing revenue. Sometimes these organizations look beyond ordinary ministry functions to supplement income with unrelated...more

Religious Institutions Update: March 2013

by Holland & Knight LLP on

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: February 2013

by Holland & Knight LLP on

Last February, at the request of Senate Finance Committee member Charles Grassley (R-Iowa), the Commission on Accountability and Policy for Religious Organizations was formed to address tax-related policy questions of import...more

Virginia Supreme Court Opinions Affecting Local Government Law: June 7, 2012

by Sands Anderson PC on

Today, the Virginia Supreme Court issued several opinions affecting the practice of Virginia local government law. The cases involve (1) an inverse condemnation claim against VDOT for flooding, (2) another application of...more

Brasília: impactos econômicos da Capital no Centro-Oeste e no País

by Lucas de Alencar Oliveira on

Para além de uma mudança meramente administrativa, a iniciativa da construção de Brasília embutia um sonho de integrar uma vasta região do Brasil, então distante, despovoada e inexplorada, à comunidade e à economia nacional....more

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