RLUIPA

News & Analysis as of

Ninth Circuit Rejects Hawaii Cannabis Ministry’s RFRA Challenge

The U.S. Court of Appeals for the Ninth Circuit recently upheld the convictions of two ministers of the Hawaii Cannabis Ministry who admitted using and distributing large quantities of cannabis in accordance with their...more

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

Cemetery Association Not Substantially Burdened by Coastal Area Review

Woodland Cemetery Association (the “Association”) appealed the Zoning Board of the City Stamford, Connecticut’s denial of an application to make several improvements to an existing cemetery within a “coastal area” regulated...more

DOJ Investigating Possible RLUIPA Violation in Toms River, New Jersey

Earlier this year, we reported on the lawsuit filed by Chabad Jewish Center of Toms River, Inc. against the Township of Toms River, New Jersey.  The Center challenges the Township’s decision that it must obtain a variance to...more

Indiana Church Files Religious Discrimination Suit Over Nearby Dairy Farm Approval

For the past 30 years, Harvest Christian Camp has provided a summer camp for thousands of Christian children on a 36 acre site in Henry County, Indiana, in accordance with its religious beliefs to “help[] children and teens...more

Scottsdale, Arizona Bars Satanic Temple Prayer

The Satanic Temple has had a busy year in Arizona.  Earlier this year, we reported that the Phoenix City Council abolished its 65-year practice of beginning council meetings with prayer in favor of a moment of silence,...more

A flood of amici support the Islamic Society of Basking Ridge

Recently, we reported that Bernards Township, New Jersey (the “Township”) had invited the Islamic Society of Basking Ridge (“ISBR”) to resubmit an application to develop a mosque. Previously, the Township denied the Islamic...more

Did the Sixth Circuit Unintentionally Adopt an RLUIPA Equal Terms Test?

The U.S. Court of Appeals for the Sixth Circuit recently issued its decision in Tree of Life Christian Schools v. City of Upper Arlington, in which it reversed the lower court’s granting of summary judgment in favor of the...more

Church and New Jersey Township Nearing Settlement of Religious Lawsuit

We previously reported about the federal lawsuit filed by Christian Community Chapel against the Township of Hillsborough, New Jersey, in which the Township denied the Chapel’s variance requests to use a 14.3 acre property as...more

Muslim Group Rejects New Jersey Township’s Offer to Resubmit Mosque Application

Bernards Township, New Jersey has invited the Islamic Society of Basking Ridge to resubmit an application to develop a mosque. Earlier this year, the Township denied the Islamic Society’s application for a 4,250 square foot...more

Ninth Circuit Agrees That Prohibition on the Possession and Distribution of Cannabis Does Not Violate RFRA

Founder and president of Oklevueha Native American Church of Hawaii, Inc. (“Oklevueha”), Michael Rex “Raging Bear” Mooney, filed suit in 2009 against various federal officials in the Federal District Court of Hawaii.  Mooney...more

Religious Institutions Update: May 2016

Timely Topics - Has your nonprofit received a donation for a restricted purpose that has become impractical, impossible to achieve, wasteful or even unlawful? A donor may restrict a contribution to a charity for a...more

Claims to Accommodate Flying Spaghetti Monster-ism Hit the Wall in Nebraska Court

On April 12, 2016, a district court in Nebraska rejected the religious accommodation claims advanced by a member of the Church of the Flying Spaghetti Monster.1 In denying the religious accommodation claims, the court was...more

Church of the Flying Spaghetti Monster Not a Religion, Says Federal Court

We don’t often report on RLUIPA prisoner cases (recall, that RLUIPA applies in the land use and prison contexts). But a recent federal decision in Nebraska – Cavanaugh v. Bartelt (D. Nebraska 2016), is just too good to pass...more

Not all Expressions of Purported Religious Beliefs are Protected by the First Amendment, Cavanaugh v. Bartelt, Docket No....

The Dismissal of Federal and State Civil Right Claims - Federal District Court Declines to Protect the Church of the Flying Spaghetti Monster [FSM] - In an entertaining, thoughtful, and well-reasoned decision the...more

Major Takeaways from American Planning Association’s National Conference

Several R+C Land Use Group lawyers just returned from the American Planning Association’s National Conference in Phoenix, Arizona. The conference is a great opportunity to get together with planners from across the country,...more

Alabama Sex Offender Religious Land Use Case To Proceed

The U.S. District Court for the Middle District of Alabama has ruled that Ricky Martin may proceed with his religious land use and other claims against the Chilton County District Attorney Randall Houston. The Middle...more

Chabad Files RLUIPA Suit Against Toms River, New Jersey

Rabbi Moshe Gourarie and the Chabad Jewish Center of Toms River Inc. (the “Center”) have sued the Township of Toms River, New Jersey, and the Township’s Zoning Board of Adjustment (“ZBA”) in the Federal District Court of New...more

5 Things I Learned From APA’s National Conference in Phoenix

I just returned from the American Planning Association’s National Conference in Phoenix, Arizona. I look forward to this conference every year to get together with planners from across the country, eat some local food, and...more

Recovery House’s RLUIPA Challenge Fails

The District Court for the Northern District of Illinois has rejected RLUIPA and other claims asserted by a religious group in Affordable Recovery Housing v. City of Blue Island (N.D. Ill. 2016). The case stems from...more

New Jersey District Court Remands RLUIPA and Equal Protection Defense to State Court

The Freedom From Religion Foundation sued the Morris County Board of Chosen Freeholders, the Morris County Preservation Trust Fund Review Board, and Joseph A. Kovalcik, Jr. (“Defendants”) in New Jersey Superior Court claiming...more

West Virginia Church Prevails Against Development Authority

Late last year, Summit Church of Elkins, West Virginia, sued the Randolph County Development Authority (“RCDA”) in the Northern District of West Virginia for preventing the Church from purchasing a local movie theater for...more

Ninth Circuit Rules in Favor of Soup Kitchen in Dispute with San Buenaventura, CA

The U.S. Court of Appeals for the Ninth Circuit has reversed a district court’s decision that Harbor Missionary Church’s (Church) religious exercise was not substantially burdened by the City of San Buenaventura’s denial of a...more

All Hell Breaks Loose in Phoenix Satanic Prayer Showdown

In our post last month Satanists Score Victory in Phoenix, we reported on the controversy involving the Satanic Temple’s request to open Phoenix City Council’s meeting with prayer....more

Connecticut Soup Kitchen to Remain Open Following Settlement

The City of Norwich, Connecticut has agreed to end a three-year legal battle to settle three separate federal lawsuits allowing St. Vincent de Paul Place, Norwich, Inc., a ministry of The Polish Roman Catholic Congregation...more

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