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Summary Judgment RLUIPA

Holland & Knight LLP

Religious Institutions Update: July 2022

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Maine Scholarship Program Excluding Sectarian Schools Unconstitutional. In Carson v. Makin, 142 S.Ct. 1987 (2022), the U.S. Supreme Court struck a tuition assistance program that requires school districts to transmit payment...more

Robinson+Cole RLUIPA Defense

Hand of Hope RLUIPA Claims Survive Summary Judgment

Hand of Hope Pregnancy Resource Center (“Hand of Hope”) is a non-profit in Raleigh, North Carolina with the mission to “affirm the value of life from conception by compassionately sharing the gospel of Jesus Christ[.]” ...more

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Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

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Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more

Robinson+Cole RLUIPA Defense

Court Denies Summary Judgment in “Integral Yoga” RLUIPA Dispute in Hawaii

Back in 2015, we first reported about a RLUIPA case pitting the County of Maui, Hawaii against practitioners of “Integral Yoga”....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

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Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

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Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more

Robinson+Cole RLUIPA Defense

Church’s RLUIPA Claim Against an Illinois City is “Likely to Succeed”

The District Court for the Northern District of Illinois granted a preliminary injunction prohibiting the City of Markham from requiring the Original Bible Church of Illinois to obtain conditional use approval to use property...more

Robinson+Cole RLUIPA Defense

Third Circuit Upholds District Court Decision in Pennsylvania Baptist Church Sign Case

Recently, the Third Circuit Court of Appeals entered an order upholding the district court’s decision in the case of Tearpock-Martini v. Shickshinny Borough, which we reported on last summer. The case involved an...more

Robinson+Cole RLUIPA Defense

RLUIPA Case of the Year? Minnesota Municipality Uses RLUIPA’s Safe Harbor Provision to Avoid Liability

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

Robinson+Cole RLUIPA Defense

Prevailing RLUIPA Defendant Denied Attorneys’ Fees

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

Robinson+Cole RLUIPA Defense

DOJ Steps Up the Pressure Against Des Plaines

More than a year ago, we reported on an important decision for municipal officials by the United States District Court for the Northern District of Illinois, in American Islamic Center v. City of Des Plaines, No. 13-C-6594...more

Robinson+Cole RLUIPA Defense

RLUIPA Round-Up

Below are news items from the past week involving local government, religion, and land use that have caught our attention. The United States District Court for the Eastern District of New York has issued a Memorandum and...more

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