Earlier this year, the Thai Meditation Association of Alabama and several individual plaintiffs (“the Center”) filed suit against the City of Mobile, Alabama (“the City”), alleging that the denial of its application to...more
In 2011, Pittsfield Charter Township denied, allegedly without deliberation, Michigan Islamic Academy’s (“MIA”) application to rezone a 26 acre parcel (the “Property”) to allow the development of a pre-K through grade 12...more
A brewing dispute in Yonkers, NY has led the Islamic Community Center for Mid Westchester (ICCMW) to allege that Yonkers violated ICCMW’s rights under RLUIPA, and the First and Fourteenth Amendments of the United States...more
The Islamic Center of Nashville (ICN) recently filed a federal complaint and request for declaratory judgment against the State of Tennessee, the Metropolitan Trustee of Nashville, and the Tennessee State Board of...more
In an important decision for municipalities across the country, a federal court in Minnesota has recently ruled that actions taken under RLUIPA’s “safe harbor” provision absolved a local government of possible RLUIPA...more
9/23/2016
/ Churches ,
Conditional Use Permit ,
First Amendment ,
Free Exercise Clause ,
Moratorium ,
Municipalities ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
Safe Harbors ,
Summary Judgment ,
Zoning Laws
In January of this year, Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) filed a 79-page complaint in federal court against the Township of Ocean, New Jersey, and the Township’s Zoning Board of Adjustment (the “Township)...more
9/14/2016
/ Attorney's Fees ,
Certificates of Occupancy ,
Damages ,
Educational Institutions ,
First Amendment ,
Jurisdiction ,
Mediation ,
Preliminary Injunctions ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
Reversal ,
RLUIPA ,
Variances
This summer, we reported that Genoa Charter Township prevailed in a lawsuit filed by Livingston Christian Schools (LSC), which claimed that the Township violated RLUIPA’s substantial burden provision, the First Amendment to...more
9/13/2016
/ Attorney's Fees ,
Due Process ,
Educational Institutions ,
First Amendment ,
Fourteenth Amendment ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Special Use Permit ,
Substantial Burden ,
Summary Judgment
Newton County, Georgia has imposed a moratorium on religious uses following the planned construction of a mosque and cemetery. The Al Maad Al Islami Inc., a Doraville mosque, purchased 135 acres at the corner of 162 and...more
Late last month, a federal district court in Pennsylvania ruled that directional signs to a church, which contained images of a cross and bible, did not violate the Establishment Clause of the First Amendment.
The...more
The Thai Meditation Association of Alabama and several individual plaintiffs (the “Center”) have filed suit against the City of Mobile, Alabama, its Planning Commission, and City Council (“Mobile”) after the Center was...more
In the RLUIPA Round-Up post, we noted that the City of Sterling Heights, Michigan, is facing a federal lawsuit following its denial of the American Islamic Community Center’s (Center) zoning application to build a 20,500...more
We noted in our previous post that the U.S. Department of Justice, in its latest report, has stated that one of the biggest trends in religious land use disputes since 2010 has been the drastic increase in disputes involving...more
The Scinto Foundation (Foundation) supports religious organizations “by having activities which are similar to [religious activities] and/or by giving them money, or donating services ….” The Foundation sued the City of...more
We previously reported on the case Martin v. Houston (M.D. Alabama 2016), in which the U.S. District Court for the Middle District of Alabama considered a pastor’s religious discrimination claims involving the state...more
A Massachusetts Superior Court is soon to consider the interplay of three important planning principles – historic preservation, sustainable development, and freedom of religion. A Unitarian Universalist church is suing the...more
8/1/2016
/ Churches ,
Climate Change ,
First Amendment ,
Free Exercise Clause ,
Freedom of Religion ,
Global Warming ,
Historic Preservation ,
Open Meetings Act ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
Solar Energy ,
Solar Panels
The Department of Justice (DOJ) released a new report on its involvement in RLUIPA cases. The report, “Update on the Justice Department’s Enforcement of the Religious Land Use and Institutionalized Persons Act: 2010-2016,”...more
On July 21, the United States Department of Justice sued Bensalem Township, Pennsylvania, in federal court alleging violations of each of RLUIPA’s provisions following the Township’s 2014 denial of a variance application...more
Guru Gobind Singh Sikh Center, Inc. (the “Temple”), on June 29, 2016 in the Eastern District of New York, sued the Town of Oyster Bay, New York, the Town Board, and several Town Officials (together, the “Defendants”) after...more
7/22/2016
/ Cause of Action Accrual ,
Environmental Review ,
First Amendment ,
Fourteenth Amendment ,
Freedom of Religion ,
Land Use Restrictions ,
Non-Discrimination Rules ,
Religious Discrimination ,
Religious Institutions ,
RLUIPA ,
SEQRA ,
Site Plans ,
Substantial Burden
A federal court in Michigan has ruled that Genoa Charter Township did not violate federal law in denying a church’s application for a special use permit to operate a religious school. Livingston Christian Schools (LSC)...more
The U.S. Court of Appeals for the Ninth Circuit recently upheld the convictions of two ministers of the Hawaii Cannabis Ministry who admitted using and distributing large quantities of cannabis in accordance with their...more
6/22/2016
/ Appeals ,
Churches ,
Controlled Substances ,
Controlled Substances Act ,
Criminal Prosecution ,
First Amendment ,
Marijuana ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Young Lawyers
Barbara L. Yoder and Joseph I. Yoder (“Owners”) own a home in Sugar Grove Township, Pennsylvania (“Township”), which has a mandatory sewer connection ordinance (the “Ordinance”), requiring connection to the Sugar Grove Area...more
Woodland Cemetery Association (the “Association”) appealed the Zoning Board of the City Stamford, Connecticut’s denial of an application to make several improvements to an existing cemetery within a “coastal area” regulated...more
Earlier this year, we reported on the lawsuit filed by Chabad Jewish Center of Toms River, Inc. against the Township of Toms River, New Jersey. The Center challenges the Township’s decision that it must obtain a variance to...more
For the past 30 years, Harvest Christian Camp has provided a summer camp for thousands of Christian children on a 36 acre site in Henry County, Indiana, in accordance with its religious beliefs to “help[] children and teens...more
The Satanic Temple has had a busy year in Arizona. Earlier this year, we reported that the Phoenix City Council abolished its 65-year practice of beginning council meetings with prayer in favor of a moment of silence,...more