The Supreme Judicial Court (SJC) of Massachusetts recently ruled that the RV Camp proposed by Hume Lake Christian Camps’ (Hume) was predominantly religious in nature and therefore qualified for protection under the Dover...more
Zoning laws are changing in Connecticut. The goal? To make housing more affordable and accessible for everyone. -
Nearly a century ago, the Connecticut Legislature adopted the “Standard Zoning Enabling Act” (now Chapter...more
6/14/2021
/ Affordable Housing ,
Construction Project ,
Housing Market ,
Mandated Diversity Requirements ,
Multi-Family Development ,
Municipalities ,
New Legislation ,
Real Estate Development ,
State and Local Government ,
Urban Planning & Development ,
Zoning Maps
As we are all too aware, on March 10, 2020, Governor Ned Lamont issued declarations of public health and civil preparedness emergencies, proclaiming a state of emergency throughout the State of Connecticut as a result of the...more
5/14/2020
/ Construction Project ,
Coronavirus/COVID-19 ,
Infrastructure ,
Land Use Restrictions ,
Municipalities ,
Re-Opening Guidelines ,
Real Estate Development ,
Social Distancing ,
State and Local Government ,
Tolling ,
Urban Planning & Development ,
Zoning Laws
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
Late last month, an addiction ministry known as Vision Warriors Church, Inc. sued the Cherokee County Board of Commissioners under the Fair Housing Act, Americans with Disabilities Act, RLUIPA, and the U.S. Constitution. ...more
The Satanic Temple and one of its members, Michelle Shortt, are suing the city of Scottsdale, Arizona and individual municipal officials in federal court, alleging that a Satanist was denied the opportunity to open a City...more
In December, we reported that the Mahwah Township Council (“Council”) voted to withdraw two ordinances at the center of RLUIPA litigation involving the expansion of an eruv proposed by Bergen Rockland Eruv Association...more
The recent confirmation of Supreme Court Justice Neil Gorsuch has brought renewed attention to the often blurry line between the courts, government and individual religious liberty. Gorsuch wrote a concurring opinion in the...more
4/21/2017
/ Churches ,
Establishment Clause ,
Judicial Appointments ,
Land-Use Permits ,
Local Ordinance ,
Municipalities ,
Neil Gorsuch ,
Presidential Nominations ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
Wastewater ,
Zoning Laws
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
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
Barbara L. Yoder and Joseph I. Yoder (“Owners”) own a home in Sugar Grove Township, Pennsylvania (“Township”), which has a mandatory sewer connection ordinance (the “Ordinance”), requiring connection to the Sugar Grove Area...more
Last week, we reported on the potential impact of Reed v. Gilbert, the sign regulation case that has municipalities across the nation concerned about the enforceability of local sign ordinances. This week, we’re happy to...more
7/1/2015
/ Churches ,
Commercial Speech ,
Content-Neutral ,
First Amendment ,
Fourteenth Amendment ,
Local Ordinance ,
Municipalities ,
Reed v Town of Gilbert ,
RLUIPA ,
Signs ,
Zoning Laws
Although the case is outside the RLUIPA realm or even specific to religious-based speech, the Supreme Court’s decision last week in Reed v. Gilbert will undoubtedly impact RLUIPA Defense readers. We previously reported on the...more
We bring you more interesting news from the world of land use, religion and government:
The Chicago Tribune reports that the Village of La Grange, Illinois Planning Commission is considering a proposed zoning code...more
We’ve said it before and we’ll say it again, religious land use disputes often take a long time to resolve. World Outreach Conference Center v. City of Chicago, Nos. 13-3669, 13-3728 (7th Cir. 2015) is no exception to the...more
While the holiday season is still several months away, nativity scenes are back in the news. What nativity scene discussion would be complete without adorable baby, fanged Jesus? On New Year’s Eve 2014, we reported about...more
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
In a decision that should be of interest to many of our readers, the Sixth Circuit has affirmed a federal district court’s ruling that an ordinance in the City of St. Johns, Michigan (City) prohibiting the use of charitable...more
The City of Dallas, Texas is in a familiar position. It’s being sued for religious discrimination. Last year, the City Council agreed to pay $250,000 to settle a lawsuit brought by two churches ministering to the homeless...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
On March 27, 2015, the Southern District of New York granted summary judgment in favor of all defendants in the consolidated action Bernstein v. Wesley Hills, 08-CV-156; 12-CV-8856 (KMK), (the “Wesley Hills” Action). The...more
A federal court in Michigan has ruled against a Muslim group in its RLUIPA suit against Pittsfield Charter Township after finding that the group lacked a legally cognizable property interest to sustain its claims. To...more
Evan recently wrote the article “Finding Salvation in Religious Law’s Safe Harbor; Municipal Governments Can Take Steps to Mitigate RLUIPA Claims,” published in the March 23, 2015 edition of the Connecticut Law Tribune. ...more
In an important decision for local governments, the Illinois Appellate Court on March 6, 2015 issued its decision in Joan Dachs Bais Yaakov Elementary School (“JDBY”) v. City of Evanston. The decision, particularly the...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