RLUIPA Religious Institutions

News & Analysis as of

Buddhist Meditation Center Sues Mobile, AL

The Thai Meditation Association of Alabama and several individual plaintiffs (the “Center”) have filed suit against the City of Mobile, Alabama, its  Planning Commission, and City Council (“Mobile”) after the Center was...more

Hundreds Erupt in Elation After Sterling Heights Mosque Denial

In the RLUIPA Round-Up post, we noted that the City of Sterling Heights, Michigan, is facing a federal lawsuit following its denial of the American Islamic Community Center’s (Center) zoning application to build a 20,500...more

RLUIPA Round-Up

We noted in our previous post that the U.S. Department of Justice, in its latest report, has stated that one of the biggest trends in religious land use disputes since 2010 has been the drastic increase in disputes involving...more

California Federal Court: Is Leasing to a Church Religious Exercise?

The Scinto Foundation (Foundation) supports religious organizations “by having activities which are similar to [religious activities] and/or by giving them money, or donating services ….” The Foundation sued the City of...more

Federal Court Rules Alabama Sex Offender Law is “Land Use Regulation” Under RLUIPA

We previously reported on the case Martin v. Houston (M.D. Alabama 2016), in which the U.S. District Court for the Middle District of Alabama considered a pastor’s religious discrimination claims involving the state...more

Massachusetts Church Alleges Solar Panel Denial Violates Religious Freedom

A Massachusetts Superior Court is soon to consider the interplay of three important planning principles – historic preservation, sustainable development, and freedom of religion. A Unitarian Universalist church is suing the...more

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

Department of Justice Sues Bensalem Township, PA Over Mosque Denial

On July 21, the United States Department of Justice sued Bensalem Township, Pennsylvania, in federal court alleging violations of each of RLUIPA’s provisions following the Township’s 2014 denial of a variance application...more

Sikh Temple files suit after Oyster Bay, NY ordered it to stop work and then required SEQRA review

Guru Gobind Singh Sikh Center, Inc. (the “Temple”), on June 29, 2016 in the Eastern District of New York, sued the Town of Oyster Bay, New York, the Town Board, and several Town Officials (together, the “Defendants”) after...more

Michigan Township Prevails on Federal Religious Discrimination Claims

A federal court in Michigan has ruled that Genoa Charter Township did not violate federal law in denying a church’s application for a special use permit to operate a religious school. Livingston Christian Schools (LSC)...more

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

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

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

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

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