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Municipalities RLUIPA

Robinson+Cole RLUIPA Defense

Massachusetts’ SJC Rules RV Camp Protected by Dover Amendment

The Supreme Judicial Court (SJC) of Massachusetts recently ruled that the RV Camp proposed by Hume Lake Christian Camps’ (Hume) was predominantly religious in nature and therefore qualified for protection under the Dover...more

Holland & Knight LLP

Religious Institutions Update: June 2021

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Blanket Limitation on Private Home Gatherings to 3 Households Overturned In Tandon v. Newsom, 141 S.Ct. 1294 (2021) (per curiam), the U.S. Supreme Court enjoined pending appeal California's imposition of a blanket limitation...more

Robinson+Cole RLUIPA Defense

City of Kirkwood, MO Hits Homerun in Religious Baseball Field Dispute in Eighth Circuit

Last week, the U.S. Court of Appeals for the Eighth Circuit issued an important decision regarding RLUIPA’s substantial burden and equal terms provisions. ...more

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Religious Institutions Update: September 2019 - Lex Est Sanctio Sancta

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Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim - In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more

Robinson+Cole RLUIPA Defense

Fair Housing Act Meets RLUIPA in Georgia

Late last month, an addiction ministry known as Vision Warriors Church, Inc. sued the Cherokee County Board of Commissioners under the Fair Housing Act, Americans with Disabilities Act, RLUIPA, and the U.S. Constitution.  ...more

Farrell Fritz, P.C.

Defective SEQRA Determination Derails South Nassau Cultural Center

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A recent decision from the Nassau County Supreme Court, Healy v. Town of Hempstead Board of Appeals, overturned a municipal determination that granted special zoning exceptions and variances to a Greek Orthodox Church located...more

Robinson+Cole RLUIPA Defense

Satanists Sue Scottsdale, AZ Over Legislative Prayer Policy

The Satanic Temple and one of its members, Michelle Shortt, are suing the city of Scottsdale, Arizona and individual municipal officials in federal court, alleging that a Satanist was denied the opportunity to open a City...more

Robinson+Cole RLUIPA Defense

Mahwah, NJ Agrees to Settle Eruv Dispute

In December, we reported that the Mahwah Township Council (“Council”) voted to withdraw two ordinances at the center of RLUIPA litigation involving the expansion of an eruv proposed by Bergen Rockland Eruv Association...more

Robinson+Cole RLUIPA Defense

Requiring Repair, Rather than Demolition, For Church’s Violations of Municipality’s Property Maintenance Code May Impose A...

An Illinois appellate court reversed a lower court’s dismissal of RLUIPA claims asserted by the First United Methodist Church of West Dundee (the “Church”) against the Village of West Dundee, Illinois (the “Village”), finding...more

Robinson+Cole RLUIPA Defense

RLUIPA Round Up

The recent confirmation of Supreme Court Justice Neil Gorsuch has brought renewed attention to the often blurry line between the courts, government and individual religious liberty. Gorsuch wrote a concurring opinion in the...more

Jackson Walker

Mike Knapek and Steven Dimitt Provide ‘Tips for Handling a RLUIPA Lawsuit’

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Attorneys Mike Knapek and Steven Dimitt represent churches and religious institutions in matters related to the Religious Land Use and Institutionalized Persons Act (RLUIPA). In a recent article published by the American Bar...more

Robinson+Cole RLUIPA Defense

RLUIPA Case of the Year? Minnesota Municipality Uses RLUIPA’s Safe Harbor Provision to Avoid Liability

In an important decision for municipalities across the country, a federal court in Minnesota has recently ruled that actions taken under RLUIPA’s “safe harbor” provision absolved a local government of possible RLUIPA...more

Robinson+Cole RLUIPA Defense

U.S. Department of Justice Issues RLUIPA Report

The Department of Justice (DOJ) released a new report on its involvement in RLUIPA cases.  The report, “Update on the Justice Department’s Enforcement of the Religious Land Use and Institutionalized Persons Act: 2010-2016,”...more

Robinson+Cole RLUIPA Defense

Sewer Connection Must Be By The Least Restrictive Means

Barbara L. Yoder and Joseph I. Yoder (“Owners”) own a home in Sugar Grove Township, Pennsylvania (“Township”), which has a mandatory sewer connection ordinance (the “Ordinance”), requiring connection to the Sugar Grove Area...more

Robinson+Cole RLUIPA Defense

Guest Commentary: Life after Reed v Gilbert

Last week, we reported on the potential impact of Reed v. Gilbert, the sign regulation case that has municipalities across the nation concerned about the enforceability of local sign ordinances. This week, we’re happy to...more

Robinson & Cole LLP

Reed v. Gilbert: Impact to municipalities across the nation

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Although the case is outside the RLUIPA realm or even specific to religious-based speech, the Supreme Court’s decision last week in Reed v. Gilbert will undoubtedly impact RLUIPA Defense readers. We previously reported on the...more

Robinson & Cole LLP

RLUIPA Round-Up

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We bring you more interesting news from the world of land use, religion and government: The Chicago Tribune reports that the Village of La Grange, Illinois Planning Commission is considering a proposed zoning code...more

Robinson & Cole LLP

Seventh Circuit Remands (Again) World Outreach Conference Center v. City of Chicago

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We’ve said it before and we’ll say it again, religious land use disputes often take a long time to resolve. World Outreach Conference Center v. City of Chicago, Nos. 13-3669, 13-3728 (7th Cir. 2015) is no exception to the...more

Robinson & Cole LLP

Ninth Circuit Upholds Santa Monica Ordinance Banning Unattended Displays; Baby, Fanged Jesus Display Would Require a Sitter

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While the holiday season is still several months away, nativity scenes are back in the news. What nativity scene discussion would be complete without adorable baby, fanged Jesus? On New Year’s Eve 2014, we reported about...more

Robinson & Cole LLP

RLUIPA Round-UP

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Here are some developments that we are following involving religious land use and the intersection of religion and local government. New Life Evangelistic Center, which runs a homeless shelter in downtown St. Louis,...more

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

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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

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

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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

Robinson & Cole LLP

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

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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

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New Article Explores RLUIPA’s “Safe Harbor” Provision

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Evan recently wrote the article “Finding Salvation in Religious Law’s Safe Harbor; Municipal Governments Can Take Steps to Mitigate RLUIPA Claims,” published in the March 23, 2015 edition of the Connecticut Law Tribune. ...more

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Illinois Appellate Court Interprets Equal Terms “Comparator” Favorably for Local Government

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In an important decision for local governments, the Illinois Appellate Court on March 6, 2015 issued its decision in Joan Dachs Bais Yaakov Elementary School (“JDBY”) v. City of Evanston. The decision, particularly the...more

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