The Second Circuit recently issued a Summary Order in Islamic Community Center for Mid Westchester v. City of Yonkers Landmark Preservation Board (2d Cir. 2018) detailing what zoning relief a plaintiff must seek at the local level before filing suit.
RLUIPA Defense Blog
Religious Land Uses, Zoning, and the Courts
The RLUIPA Defense Blog, published by Robinson & Cole LLP, focuses on legal issues related to the Religious Land Use and Institutionalized Persons Act (RLUIPA). It covers case law developments, court rulings, and practical implications of RLUIPA in land use disputes involving religious organizations. Topics include zoning challenges, substantial burden claims, equal terms provisions, and the intersection of religious freedom with municipal regulations. The blog analyzes how courts interpret and apply RLUIPA protections in various contexts such as property use, parking regulations, and housing for religious purposes. It also addresses related constitutional claims and state-level religious land use protections.
Latest from RLUIPA Defense Blog - Page 6
North Carolina City’s Zoning Code Amendment “At The Cross”-Road of RLUIPA Claim
By Diana Neeves
Recent amendments to the zoning code of the City of Monroe, North Carolina (the “City”) are unconstitutional, according to the Complaint filed by At the Cross Fellowship Baptist Church (the “Church”), a congregation of approximately 30 people established in 2017,…
Supreme Court Says Bon Voyage To Trump Travel Ban Challenges
By Evan Seeman
Yesterday, the Supreme Court issued its highly anticipated decision in Trump v. Hawaii, 585 U.S. ___ (2018) regarding Presidential Proclamation No. 9645, otherwise known as the “Travel Ban.” To the dismay of many, the Supreme Court upheld the Travel…
Floating Home Owner Scores Second Supreme Court Victory Against Riviera Beach, FL
By Evan Seeman
Today the Supreme Court issued an important decision in Lozman v. City of Riviera Beach, Florida, 585 U.S. ___ (2018). The case does not involve land use or even free exercise of religion. But it is still noteworthy because…
DOJ Rolls Out “Place to Worship” RLUIPA Initiative; Sues New Jersey Borough
By Evan Seeman
Earlier this week, the Department of Justice announced its “Place to Worship Initiative” to help protect houses of worship and religious institutions against discrimination in the local land use process. Attorney General Jefferson Sessions announced the new initiative and stated…
Church Sues Virginia County Over Religious Discrimination Claims
By Evan Seeman
Last month, a church known as Love of Life Fellowship, Inc. (the “Church”) sued the County of Chesterfield, Virginia, alleging religious discrimination resulting from its desired acquisition and use of 38 acres at 500 Baptist Drive in Chester, Virginia (the…
SCOTUS Rules Baker Who Refused Wedding Cake To Same-Sex Couple Suffered Religious Discrimination
By Evan Seeman
The Supreme Court issued its anticipated decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. The case concerns a Colorado baker’s refusal to sell a wedding cake to a same-sex couple because the baker’s religious beliefs are that “God’s…
Yee Haw! Cowboy Church’s Religious Rodeo Clears Some Hurdles
By Evan Seeman
Texas’ appellate court recently issued a decision involving the interplay between religious freedom and governmental police power, a “cowboy church,” and NIMBYism (Not-In-My-Back-Yard). True to its name, Denton County Cowboy Church (the “Church”) began hosting weekly rodeo events in 2009…
Eleventh Circuit Affirms Dismissal of City’s Approval of Chabad Religious Center as Moot
By Evan Seeman
The United States Court of Appeals for the Eleventh Circuit recently affirmed the lower court’s decision dismissing an Establishment Clause challenge over the approval of a religious center. The lawsuit was brought by two residents who live near a mixed-use,…
Chabad and Toms River Settle RLUIPA Suit
By Diana Neeves
Chabad Jewish Center of Toms River, Inc. (“Chabad”) has settled its religious discrimination lawsuit against the Township of Toms River, New Jersey (“Township”), putting to rest its allegations that the Township violated each of RLUIPA’s provisions by requiring Chabad to…