The United States Department of Justice (“DOJ”) has reached an agreement with Bensalem Township, Pennsylvania (“Township”), resolving allegations that the Township violated each of RLUIPA’s provisions when it denied a use variance application submitted by the Bensalem Masjid, Inc. (“Masjid”)
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Municipality Prevails in Dispute Over Personal Chapel
The City of Brier, Washington (City) has prevailed over claims that it violated the Religious Land Use & Institutionalized Persons Act (RLUIPA) and other federal law in a dispute over a variance application to construct a personal Serbian Orthodox chapel.
Eruv Dispute Prompts Claims of Religious Discrimination Against New Jersey Township
Last month, Bergen Rockland Eruv Association, Inc. (BREA) sued the Township of Mahwah, New Jersey regarding a dispute over the expansion of an eruv. According to the complaint, “[a]n eruv, under Jewish law, is a largely invisible unbroken demarcation of
Upcoming Webinar – Solar Planning 101: Opportunities & Obstacles
On September 11, 2017, the Planning and Law Division of the American Planning Association is hosting the webinar “Solar Planning 101: Opportunities & Obstacles.” Attendees will learn how to integrate solar energy into planning, zoning, and historic preservation processes from
Seventh Circuit Rules No Religious Discrimination Based On Sprinkler Requirement
The U.S. Court of Appeals for the Seventh Circuit has affirmed the decision of the Northern District of Illinois, finding against a faith-based recovery home’s claims of religious discrimination and Fair Housing Act violations stemming from a fire code dispute
Upcoming Webinar – Murr v. Wisconsin: The Supreme Court’s Latest “Take” on Takings
On August 14, 2017, the Planning and Law Division of the American Planning Association is hosting the webinar “Murr v. Wisconsin: The Supreme Court’s Latest ‘Take’ on Takings.” Here is the program description:
In Murr v. Wisconsin, the Court ruled 5-3 that
Requiring Repair, Rather than Demolition, For Church’s Violations of Municipality’s Property Maintenance Code May Impose A Substantial Burden
An Illinois appellate court reversed a lower court’s dismissal of RLUIPA claims asserted by the First United Methodist Church of West Dundee (the “Church”) against the Village of West Dundee, Illinois (the “Village”), finding that the Church sufficiently stated claims
SCOTUS Decides Regulatory Takings Case
The US Supreme Court today issued its latest pronouncement on regulatory takings, Murr et. al, v. Wisconsin, et al. Justice Kennedy wrote for the Court, joined by Justices Ginsburg, Breyer, Sotomayor and Kagan. The issue was whether two adjacent lots
New Substantial Burden Framework in the Sixth Circuit; Court Upholds RLUIPA Verdict in Favor of Michigan Township
In an important decision for municipalities across the Country, the Sixth Circuit upheld a district court decision that found Genoa Charter Township (Township) did not violate federal law in denying a church’s application for a special use permit to operate
Church Wins Free Speech Claim Over Zoning Ordinance and $1,354,595 in Damages
Last year, we reported about a case in which the city of St. Michael, Minnesota utilized RLUIPA’s “safe harbor” provision to avoid liability under the act’s substantial burden and equal terms provisions. While the federal court found for the city