On December 30, 2022, a district court dismissed a Catholic high school’s RLUIPA challenge, granting summary judgment on all claims in favor of the City of Madison, Wisconsin and various other city officials (the City). As...more
The Seventh Circuit recently reversed a district court’s decision finding a church’s RLUIPA claims were unripe and moot because it was granted parking variances and a conditional use permit after the church brought suit. ...more
2/4/2019
/ Conditional Use Permit ,
conditional-u ,
First Amendment ,
Mootness ,
Religious Discrimination ,
Religious Institutions ,
Reversal ,
Ripeness ,
RLUIPA ,
Substantial Burden ,
Variances
Earlier this week, the U.S. Court of Appeals for the Sixth Circuit issued a decision in Tree of Life Christian Schools v. City of Upper Arlington concerning a religious school’s RLUIPA equal terms challenge. ...more
The United States Court of Appeals for the Ninth Circuit has ruled that Ventura County, California’s conditional use permit (CUP) scheme for “temporary outdoor” events is an unconstitutional prior restraint on free speech. ...more
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
9/23/2016
/ Churches ,
Conditional Use Permit ,
First Amendment ,
Free Exercise Clause ,
Moratorium ,
Municipalities ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
Safe Harbors ,
Summary Judgment ,
Zoning Laws
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
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
Fraternite Notre Dame, Inc. is suing the County of McHenry, Illinois, over the County’s denial of a petition to amend a conditional use permit. Notre Dame’s mission includes various charitable activities, such as a daily...more
In 2005, the Village of Lawrence (Village) granted permission to Bais Medrash of Harborview Synagogue (Medrash) to construct a synagogue on three contiguous lots. As part of its approval, Medrash entered a Declaration of...more
In June 2014, Plaintiff Hope Rising Community Church sought to establish a place of worship in Penn Hills, Pennsylvania. According to its complaint, Pastor Harry Hoff met with Penn Hill’s planning and code enforcement...more
A federal court in Illinois, in Church of Our Lord and Savior, Jesus Christ v. City of Markham, Illinois (N.D. Ill. 2015), dismissed some of the Church’s religious land use claims while allowing others to proceed. The case is...more
8/25/2015
/ Burwell v Hobby Lobby ,
Churches ,
Conditional Use Permit ,
First Amendment ,
Free Exercise Clause ,
Hobby Lobby ,
Open Meetings Act ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
SCOTUS
Earlier this year, we reported that the dispute between Jacksonville Beach, Florida and the Church of Our Savior continued to boil in mediation, with attorneys’ fees nearing $700K. After finding that Jacksonville violated...more
This week, RLUIPA Defense continues its effort to aggregate important new stories reflecting the intersection of religion, land use and local government.
Indiana’s First Church of Cannabis in Indianapolis – Indiana’s...more
6/8/2015
/ American Civil Liberties Union (ACLU) ,
Churches ,
Conditional Use Permit ,
Exempt Organizations ,
First Amendment ,
IRS ,
Marijuana ,
Prayer ,
Public Funds ,
Public Meetings ,
RLUIPA ,
Tax Exempt Entities
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
Liberty Baptist Church, a Kansas church founded in 1947 with a congregation of about 15 members (Church), is suing the Board of County Commissioners of Crawford County, Kansas over the denial of its application for a...more
We previously reported on the lawsuit filed by Harbor Missionary Church against San Buenaventura, California involving the City’s denial of a conditional use permit to allow the Church to continue to operate a soup kitchen in...more
Earlier this year, we reported on the lawsuit filed by the U.S. Department of Justice (“DOJ”) against the City of St. Anthony Village, Minnesota (“City”) over the City’s denial of Abu Haraira Islamic Center’s (“Center”)...more
Few courts have identified what it means to be a “similarly situated” comparator under RLUIPA’s equal terms provision. Recently, in Church of Our Savior v. City of Jacksonville, (M.D. FL 2014), a federal court in Florida...more
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