The United States Court of Appeals for the Eleventh Circuit recently clarified how to determine whether a substantial burden on religious exercise exists for purposes of the Religious Land Use and Institutionalized Persons...more
2/5/2024
/ Americans with Disabilities Act (ADA) ,
Equal Protection ,
Fair Housing Act (FHA) ,
Fourteenth Amendment ,
Land Use Restrictions ,
Religious Institutions ,
RLUIPA ,
Statutory Violations ,
Substantial Burden ,
Zoning Board of Appeals ,
Zoning Laws
The United States Court of Appeals for the Eleventh Circuit recently considered a long-running religious land use dispute involving the Thai Meditation Association of Alabama (TMAA) and the city of Mobile, Alabama. The...more
A federal court in Florida recently ruled that Pass-A-Grille Beach Community Church, Inc. (Church) was likely to prevail on its RLUIPA substantial burden claim challenging the City of St. Pete Beach’s enforcement of parking...more
If you are a municipality defending against a RLUIPA lawsuit, it is generally not a good sign when a court’s memorandum of decision begins with a string of biblical quotes. Wakulla County Florida experienced this earlier...more
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
12/16/2019
/ Appeals ,
Equal Protection ,
Free Exercise Clause ,
Municipalities ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
School Sports ,
Substantial Burden ,
Zoning Laws
Wayside Chapel Evangelical Free Church is suing Castle Hills, Texas for denying its application for a special use permit for property located at 113 Ivywood Circle. The Church claims that the extra space is needed to...more
A federal court in New York issued an important decision that should serve as a reminder about the reach of RLUIPA. The case involves a homeowner’s request to have an Amish roofer repair her damaged roof. In April 2018,...more
A United States District Court for the Middle District of Tennessee recently ruled that Layman Lessons Church and Welcome Baptist Church, Inc. (“Layman Lessons”) can move forward with most, but not all, of its religious...more
4/29/2019
/ Equal Protection ,
First Amendment ,
Free Exercise Clause ,
Homeless Issues ,
Mootness ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
State and Local Government ,
Substantial Burden
Last week, the United States Court of Appeals for the Fourth Circuit reversed a lower court’s decision dismissing a church’s religious discrimination claims. ...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
A federal court in Minnesota has issued a preliminary injunction in favor of a local church ministering to the homeless, ruling that the church was likely to prevail on its RLUIPA substantial burden and First Amendment free...more
8/14/2018
/ Article III ,
Equal Protection ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Free Speech ,
Homeless Discrimination ,
Homeless Issues ,
Motion to Dismiss ,
Pleading Standards ,
Preliminary Injunctions ,
Religious Discrimination ,
Religious Institutions ,
Ripeness ,
RLUIPA ,
Standing ,
Substantial Burden
A federal court in Nevada has ruled that the denial of a church’s special use permit application to develop property with a house of worship did not violate RLUIPA’s substantial burden provision, the Equal Protection Clause,...more
A federal court in Maryland has found that a rabbi was without standing to bring claims under RLUIPA’s nondiscrimination and equal terms provisions, since those claims can be brought only by an “assembly” or “institution.” ...more
A federal court in Maryland recently rejected a church’s RLUIPA and related constitutional claims, finding that the religious group’s claimed harm was self-created. The case demonstrates the importance of due diligence...more
Do 1,400 cattle and 17.4 million gallons of cow waste in open-air lagoons, upwind and a half a mile from a religious youth summer camp, impose a substantial burden? As unpleasant as a concentrated animal feed operation...more
A federal court in Pennsylvania has denied Bensalem Township’s motion to dismiss a lawsuit brought by the United States Department of Justice challenging the Township’s denial of a use variance for a mosque. The lawsuit...more
The City of Port Jervis, New York has agreed to settle a federal lawsuit filed by the United States Department of Justice (DOJ) alleging that the City’s revision to its zoning code violated the Religious Land Use &...more
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
9/13/2016
/ Attorney's Fees ,
Due Process ,
Educational Institutions ,
First Amendment ,
Fourteenth Amendment ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Special Use Permit ,
Substantial Burden ,
Summary Judgment
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
7/22/2016
/ Cause of Action Accrual ,
Environmental Review ,
First Amendment ,
Fourteenth Amendment ,
Freedom of Religion ,
Land Use Restrictions ,
Non-Discrimination Rules ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
SEQRA ,
Site Plans ,
Substantial Burden
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
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
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
Christian Community Chapel Wesleyan Church, Inc. (the “Chapel”) was founded in 2000 and grew quickly to 125 members. Expecting continued growth, the Chapel purchased a 33,000 square foot building with seats for 600...more
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
Last fall, the Second Circuit decided Chabad Lubavitch of Litchfield County, Inc. v. Borough of Litchfield, 786 F.3d 183 (2d Cir. 2014), reversing the lower court’s order of summary judgment in favor of the Borough of...more