News & Analysis as of

Religious Institutions Ripeness

Robinson+Cole RLUIPA Defense

Is Finality Still A Requirement For A RLUIPA Action To Be Ripe?

Ripeness is an important defense to RLUIPA claims.  A plaintiff must receive a final decision from the local authority as to how the zoning law applies to its proposal.  If not, plaintiff’s RLUIPA claim could be dismissed as...more

Robinson+Cole RLUIPA Defense

7th Circuit Rules Church’s RLUIPA Claims Against Markham, Illinois Ripe for Review

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

Robinson+Cole RLUIPA Defense

Church Ministering To Homeless Secures Preliminary Injunction Against St. Paul, Minn. For Likely RLUIPA And Free Speech Violations

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

Robinson+Cole RLUIPA Defense

Second Circuit: Islamic Group’s RLUIPA Claims Not Ripe Under Williamson County

The Second Circuit recently issued a Summary Order in Islamic Community Center for Mid Westchester v. City of Yonkers Landmark Preservation Board (2d Cir. 2018) detailing what zoning relief a plaintiff must seek at the local...more

Robinson+Cole RLUIPA Defense

Christian School’s Claims Dismissed as Unripe Under Midrash Sephardi

A district court in the Southern District of Florida has dismissed as unripe claims brought by Centro de Ensenanza Palabra de Fe, Inc. (“Centro”), a tax-exempt religious organization that operates a daycare center and...more

Robinson+Cole RLUIPA Defense

Church’s RLUIPA Claims Unripe And Moot, Says Federal Court

A federal district court in Illinois has dismissed religious discrimination and related claims alleged by the Church of Our Lord & Savior Jesus Christ (“Church”) against the City of Markham, Illinois (“City”), in connection...more

Robinson+Cole RLUIPA Defense

RLUIPA Suit Against Colonie, NY Dismissed As Unripe

A federal court in New York has dismissed religious discrimination and related claims alleged by an evangelical Christian church (the “Church”) against the Town of Colonie, New York, its agencies and officials (the “Town”),...more

Robinson+Cole RLUIPA Defense

Yonkers Wins Below: Appeal Pending

The Islamic Community Center for Mid Westchester (“ICCMW”) has appealed the decision of the Southern District of New York that held ICCMW’s claims were not yet ripe for review and ICCMW did not have the right to supplement...more

Jackson Walker

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

Jackson Walker on

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

A Lesson in Judicial Ripeness: Homeless Shelter’s Suit Dismissed

A federal court has dismissed a lawsuit brought by New Life Evangelistic Center, Inc. against the City of St. Louis because New Life’s claims are not yet “ripe” for review. In order for a court to have jurisdiction to hear...more

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