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 Amendment. Similar to the federal Religious Land
RLUIPA Defense Blog
Religious Land Uses, Zoning, and the Courts
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Fourth Circuit: Church Seeking to Operate as Brewery or Farm Winery Did Not State RLUIPA Claim
By Evan Seeman & Ryan Hoyler
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 opportunity to worship on its 17-acre property…
Madison, Wisconsin’s Denial of Athletic Field Lights Upheld Over Claims of Religious Discrimination
On December 30, 2022, a district court dismissed a Catholic high school’s RLUIPA challenge, granting summary judgment on all claims in favor of the City of Madison, Wisconsin and various other city officials (the City). As ruled by the court,…
Court Rules Meriden, CT’s Zoning Regulations Discriminatory
By Evan Seeman
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 location. The Islamic Center (the Center)…
Federal Court Dismisses RLUIPA Challenge to Missouri Emergency Public Health Orders
By Evan Seeman
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.” The statute defines land use regulations…
St. Pete Beach, Florida Enjoined from Prohibiting Church’s Beach Parking Lot Evangelism
By Evan Seeman
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 regulations. Since 1957, the Church has…
First Circuit Rejects Signs For Jesus’ RLUIPA and Constitutional Appeal
By Evan Seeman
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 Zoning Board of…
Florida Court Finds RLUIPA Protects Transition Home for Registered Sex Offenders
By Evan Seeman
If you are a municipality defending against a RLUIPA lawsuit, it is generally not a good sign when a court’s memorandum of decision begins with a string of biblical quotes. Wakulla County Florida experienced this earlier this summer. When granting…
Judicial Restraint in the Time of COVID-19?
Across the nation, religious institutions are challenging COVID-19-related restrictions on religious worship. There are too many cases to note. We recently posted about the U.S. Supreme Court’s (SCOTUS) decision denying an application for injunctive relief filed by South Bay United…
U.S. Supreme Court Upholds California’s COVID-19 Restrictions on Religious Worship
By Evan Seeman
In a 5-4 decision, the U.S. Supreme Court denied an application for injunctive relief filed by South Bay United Pentecostal Church (Church) challenging California Governor Gavin Newsom’s Stay-At-Home order and 4-stage reopening plan as it relates to religious worship gatherings. …