Recently, we reported that Bernards Township, New Jersey (the “Township”) had invited the Islamic Society of Basking Ridge (“ISBR”) to resubmit an application to develop a mosque. Previously, the Township denied the Islamic...more
The U.S. Court of Appeals for the Sixth Circuit recently issued its decision in Tree of Life Christian Schools v. City of Upper Arlington, in which it reversed the lower court’s granting of summary judgment in favor of the...more
We previously reported about the federal lawsuit filed by Christian Community Chapel against the Township of Hillsborough, New Jersey, in which the Township denied the Chapel’s variance requests to use a 14.3 acre property as...more
Bernards Township, New Jersey has invited the Islamic Society of Basking Ridge to resubmit an application to develop a mosque. Earlier this year, the Township denied the Islamic Society’s application for a 4,250 square foot...more
Founder and president of Oklevueha Native American Church of Hawaii, Inc. (“Oklevueha”), Michael Rex “Raging Bear” Mooney, filed suit in 2009 against various federal officials in the Federal District Court of Hawaii. Mooney...more
We don’t often report on RLUIPA prisoner cases (recall, that RLUIPA applies in the land use and prison contexts). But a recent federal decision in Nebraska – Cavanaugh v. Bartelt (D. Nebraska 2016), is just too good to pass...more
The U.S. District Court for the Middle District of Alabama has ruled that Ricky Martin may proceed with his religious land use and other claims against the Chilton County District Attorney Randall Houston. The Middle...more
Rabbi Moshe Gourarie and the Chabad Jewish Center of Toms River Inc. (the “Center”) have sued the Township of Toms River, New Jersey, and the Township’s Zoning Board of Adjustment (“ZBA”) in the Federal District Court of New...more
I just returned from the American Planning Association’s National Conference in Phoenix, Arizona. I look forward to this conference every year to get together with planners from across the country, eat some local food, and...more
The District Court for the Northern District of Illinois has rejected RLUIPA and other claims asserted by a religious group in Affordable Recovery Housing v. City of Blue Island (N.D. Ill. 2016). The case stems from...more
The Freedom From Religion Foundation sued the Morris County Board of Chosen Freeholders, the Morris County Preservation Trust Fund Review Board, and Joseph A. Kovalcik, Jr. (“Defendants”) in New Jersey Superior Court claiming...more
Late last year, Summit Church of Elkins, West Virginia, sued the Randolph County Development Authority (“RCDA”) in the Northern District of West Virginia for preventing the Church from purchasing a local movie theater for...more
The U.S. Court of Appeals for the Ninth Circuit has reversed a district court’s decision that Harbor Missionary Church’s (Church) religious exercise was not substantially burdened by the City of San Buenaventura’s denial of a...more
In our post last month Satanists Score Victory in Phoenix, we reported on the controversy involving the Satanic Temple’s request to open Phoenix City Council’s meeting with prayer....more
The City of Norwich, Connecticut has agreed to end a three-year legal battle to settle three separate federal lawsuits allowing St. Vincent de Paul Place, Norwich, Inc., a ministry of The Polish Roman Catholic Congregation...more
The Northern District of Illinois recently had an opportunity to apply the Seventh Circuit’s “accepted zoning criteria” RLUIPA Equal Terms test to a plaintiff’s request for a preliminary injunction in Truth Foundation...more
Two brothers have opened a new kind of church in Spokane, Washington known as the Jedi Alliance. The Church gets its name from the storied Star Wars franchise. According to the brothers, Tim and Tyler Arnold, “[t]he Jedi...more
Plaintiff Michael Salman wanted to hold Bible studies in his home and nothing, not even the prospects of a Phoenix municipal enforcement action, 60 days in jail, and $12,000 in fines would stop him. In 2007, Salman’s...more
The Phoenix City Council has voted to abolish a 65-year practice of opening meetings with religious prayer. Now, the meetings will begin with a moment of silence. The vote was prompted by a request from the Satanic Temple...more
The Arkansas-Louisiana Conference of Seventh-Day Adventists (the “Adventists”) filed a lawsuit in the Eastern District of Arkansas, contending that a local ordinance in White Hall, Arkansas (the “City”) restricts its right to...more
The U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal of a church’s claim that denial of a setback variance substantially burdened its religious exercise under the Religious Land Use & Institutionalized...more
The King’s Tabernacle, a Rhode Island Church with a predominantly African American congregation of 20 members, has sued the Town of Johnston, Rhode Island over the Town’s denial of its special use permit for religious...more
A Connecticut federal court has issued an important decision in a case involving the Religious Land Use & Institutionalized Persons Act (RLUIPA) that could affect how municipalities and courts examine whether certain...more
Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) has filed a federal lawsuit against the Township of Ocean, New Jersey and the Township’s Zoning Board of Adjustment following the denial of an application to develop a yeshiva...more
Oklevueha Native American Church (Church) was established in 1997 in Utah by Plaintiff James Mooney and his wife Linda, who are each of Native American decent. According to the complaint in Oklevueha Native American Church...more