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
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
The Fourth Circuit has ruled against the Alive Church of the Nazarene’s claims that Prince William County, Virginia, violated the Religious Land Use and Institutionalized Persons Act (RLIUPA) by denying the Church the...more
A district court has ruled that the City of Meriden, Connecticut (the City) discriminated against Omar Islamic Center Inc. following the City’s denial of the Islamic Center’s application to move its mosque to another...more
An interesting decision regarding RLUIPA and COVID-19 emergency public health orders was recently issued by a federal court in Missouri. Recall that in the land use context, RLUIPA applies only to “land use regulations.”...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
The U.S. Court of Appeals for the First Circuit recently found in favor of the Town of Pembroke, New Hampshire regarding the Town’s denial of an application for an electronic sign permit for religious messages. The Town’s...more
Last week, a federal court in North Carolina issued a temporary restraining order enjoining the assembly of religious worship provisions in Governor Roy Cooper’s Executive Order 138 (EO-138). The court found that EO-138 was...more
RLUIPA’s equal terms provision requires municipalities to treat religious uses no worse than analogous secular assembly uses. Generally, if a municipality wants to either prohibit religious uses from a certain zone or...more
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
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
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. Â ...more
Last week, the United States Supreme Court denied Tree of Life Christian Schools’ petition for certiorari involving its longstanding religious dispute with Upper Arlington, Ohio (City). In 2009, Tree of Life purchased a...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
This week, the United States Department of Justice (DOJ) reported on the case of Garden State Islamic Center v. City of Vineland. ...more
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
Clifton, New Jersey has agreed to pay a Jewish congregation $2.5 million and will allow it to construct a synagogue. Congregation Shomrei Torah/Tiferes Boruch asked for permission to build a synagogue 11 years ago. The...more
Recently, the Department of Justice reported that it has closed its investigation into whether the City of Coconut Creek’s zoning code violated RLUIPA’s equal terms provision by treating secular assembly uses better than...more
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
Back in 2015, we first reported about a RLUIPA case pitting the County of Maui, Hawaii against practitioners of “Integral Yoga”....more
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
The United States Court of Appeals for the Third Circuit has ruled against a Roman Catholic group challenging the use of their land in connection with an interstate natural gas pipeline. The Adorers of the Blood of Christ...more
7/30/2018
/ Certificate of Public Convenience and Necessity ,
Eminent Domain ,
Energy Sector ,
FERC ,
Natural Gas ,
Natural Gas Act ,
Oil & Gas ,
Pipelines ,
Property Owners ,
Regulatory Takings ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Subject Matter Jurisdiction