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RLUIPA Showdown in Woodcliff Lake, New Jersey

By Evan Seeman & Karla Chaffee on August 13, 2015
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Since December 2014, the Woodcliff Lake Zoning Board of Adjustment has been considering Valley Chabad’s application for variances to construct a three and a half story, 18,550 square foot religious facility on 1.27 acres in a residence zone.  The facility will include a temple, social hall and school.  A group calling itself Woodcliff Lake Residents for Reasonable Development opposes the application and has campaigned to raise $50,000 to pay for the lawyer and planner it hired.  At the July 28, 2015 continued hearing, Chabad’s planner cited the Religious Land Use & Institutionalized Persons Act (RLUIPA) in support of the application.  Reference to this statute may cause many local governments to cave in to demands of religious groups to avoid a RLUIPA lawsuit.  Depending on how the Board decides Chabad’s application (the next hearing is scheduled for September 9), it could find itself defending its actions in court.

Chabad states that the facility is needed to bring all elements of its activities together in one place.  Currently, Chabad uses administrative office space in Montvale, holds Hebrew School at a local high school, and hosts larger events at the Hilton Hotel in Woodcliff Lake..  Woodcliff Lake Residents for Reasonable Development have raised a number of the typical NIMBY concerns, including parking, pedestrian safety, traffic congestion, and tree removal.  In addition, the opposition group has complained about the scope of the project, including its proposed 25-foot high retaining wall, which it describes as a “fortress.”  A photograph of an architect’s rendering of the proposed facility can be viewed here.

In an interesting move at an earlier hearing, the lawyer for the opposition group asked members of the Board to respond to a questionnaire to indicate their relationships with the applicant.  Although several members responded that they had some association with Chabad at one point, they were able to render an objective decision.  One member, however, chose to recuse himself because he had attended some services in the past.  As we previously reported, the New Jersey Supreme Court ruled in June 2015 that municipal officials cannot vote on a zoning application for land within 200 feet of the church if they are members of the church, in Grabowsky v. Township of Montclair, 2015 WL 3648741 (2015).  It is not clear if the opposition group will somehow attempt to use this decision to further its interests.  NorthJersey.com reports on this story.

While the time period that the Board has taken to review the application may appear protracted, it is not surprising given the controversy, level of opposition, and scope of the proposal.  Still, local governments reviewing applications of religious groups may wish to review proposed religious uses in a timely fashion, as the Seventh Circuit, in World Outreach Conference Center v. City of Chicago, (7th Cir. 2015), ruled in June 2015 that a two year delay in the granting of required licenses, among other things, could give rise to a RLUIPA substantial burden claim.

Local governments reviewing religious land use proposals may wish to refer to the following resources:

  • One (1) Ounce of RLUIPA Prevention by Dwight Merriam
  • RLUIPA Defense Tactics by Evan Seeman
  • Six Fact Patterns of Substantial Burden in RLUIPA: Lessons for Potential Litigants by Karla Chaffee and Dwight Merriam
  • United States Department of Justice Report on the Tenth Anniversary of RLUIPA
  • Statement of the United States Department of Justice on the Land Use Provisions of RLUIPA
Photo of Evan Seeman Evan Seeman

Evan J. Seeman is a lawyer in Robinson+Cole’s Hartford office and focuses his practice on land use, real estate, environmental, and regulatory matters, representing local governments, developers and advocacy groups. He has spoken and written about RLUIPA, and was a lead author of…

Evan J. Seeman is a lawyer in Robinson+Cole’s Hartford office and focuses his practice on land use, real estate, environmental, and regulatory matters, representing local governments, developers and advocacy groups. He has spoken and written about RLUIPA, and was a lead author of an amicus curiae brief at the petition stage before the United States Supreme Court in a RLUIPA case entitled City of San Leandro v. International Church of the Foursquare Gospel.

Evan serves as the Secretary/Treasurer of the APA’s Planning & Law Division. He also serves as the Chair of the Planning & Zoning Section of the Connecticut Bar Association’s Young Lawyers Section, and is the former Co-Chair of its Municipal Law Section. He has been named to the Connecticut Super Lawyers® list as a Rising Star in the area of Land Use Law for 2013 and 2014. He received his B.A. in political science and Russian studies (with honors) from Trinity College in Hartford, Connecticut, where he was selected as the President’s Fellow in the Department of Modern Languages and Literature. Evan received his Juris Doctor at the University of Connecticut School of Law, where he served on the Connecticut Law Review. While in law school, he interned with the Connecticut Office of the Attorney General in the environmental department, and served as a judicial intern for the judges of the Mashantucket Pequot Tribal Court. Following law school, Evan clerked for the Honorable F. Herbert Gruendel of the Connecticut Appellate Court.

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Photo of Karla Chaffee Karla Chaffee

Karla L. Chaffee is a member of Robinson+Cole’s Real Estate + Development Group and is based in the Boston office, focusing on a variety of land use and environmental matters. Karla’s interest in RLUIPA began in law school when she co-authored, “Six…

Karla L. Chaffee is a member of Robinson+Cole’s Real Estate + Development Group and is based in the Boston office, focusing on a variety of land use and environmental matters. Karla’s interest in RLUIPA began in law school when she co-authored, “Six Fact Patterns of Substantial Burden in RLUIPA: Lessons for Potential Litigants,” (with Dwight Merriam) published in Albany Government Law Review (Spring 2009). Karla has continued to write and speak on RLUIPA and has represented clients in several federal proceedings, including RLUIPA, First Amendment, and Equal Protection claims. In addition to her RLUIPA practice, Karla has litigated complex environmental matters, defending claims under Massachusetts Chapter 21E. Karla’s transactional experience includes pre-acquisition and pre-financing due diligence, environmental risk assessment and risk mitigation. She also represents clients seeking local zoning approvals and counsels them on the impact of proposed or recently enacted land use legislation, as well as on land use trends across the country.

Karla is also a proud member of Robinson+Cole’s Pro Bono Committee and is dedicated to maintaining pro bono work as part of her practice. Her pro bono clients include individuals and families seeking asylum in the United States. She has also represented nonprofit organizations in obtaining tax-exempt status and has served as legal counsel in a zoning appeal for a nonprofit association created to support and protect a national park.

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  • Posted in:
    Real Estate & Construction
  • Blog:
    RLUIPA Defense Blog
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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