Evan Seeman

Evan Seeman

Evan J. Seeman is a lawyer in Robinson+Cole’s Hartford office and focuses his practice on land use, real estate, environmental, and regulatory matters, representing local governments, developers and advocacy groups. He has spoken and written about RLUIPA, and was a lead author of an amicus curiae brief at the petition stage before the United States Supreme Court in a RLUIPA case entitled City of San Leandro v. International Church of the Foursquare Gospel.

Evan serves as the Secretary/Treasurer of the APA’s Planning & Law Division. He also serves as the Chair of the Planning & Zoning Section of the Connecticut Bar Association’s Young Lawyers Section, and is the former Co-Chair of its Municipal Law Section. He has been named to the Connecticut Super Lawyers® list as a Rising Star in the area of Land Use Law for 2013 and 2014. He received his B.A. in political science and Russian studies (with honors) from Trinity College in Hartford, Connecticut, where he was selected as the President’s Fellow in the Department of Modern Languages and Literature. Evan received his Juris Doctor at the University of Connecticut School of Law, where he served on the Connecticut Law Review. While in law school, he interned with the Connecticut Office of the Attorney General in the environmental department, and served as a judicial intern for the judges of the Mashantucket Pequot Tribal Court. Following law school, Evan clerked for the Honorable F. Herbert Gruendel of the Connecticut Appellate Court.

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SCOTUS Overrules “State Compensation” Ripeness Requirement for Takings Claims

Today, the United States Supreme Court issued its long-awaited decision in Knick v. Township of Scott.  In a 5-4 decision, the Court overruled the requirement that property owners first pursue takings claims in state court before bringing a takings claims under the Fifth Amendment to the United States Constitution in federal court.  That requirement (known … Continue Reading

Supreme Court Refuses to Take Tree of Life RLUIPA Case

Last week, the United States Supreme Court denied Tree of Life Christian Schools’ petition for certiorari involving its longstanding religious dispute with Upper Arlington, Ohio (City).  In 2009, Tree of Life purchased a commercially-zoned 254,000 square foot office building that it hoped to convert to a religious school.  After the City denied a conditional use … Continue Reading

Church Ministering to Homeless/Needy Can Proceed with Most of its Religious Discrimination Claims

A United States District Court for the Middle District of Tennessee recently ruled that Layman Lessons Church and Welcome Baptist Church, Inc. (“Layman Lessons”) can move forward with most, but not all, of its religious discrimination claims against Metropolitan Government of Nashville/Davidson County (“Nashville”).  The dispute arose in 2018, when Layman Lessons claims that Nashville … Continue Reading

Upcoming Webinar – How Land Use and Natural Resource Regulations are Shaping the Legal Cannabis Industry

The Planning and Law Division (PLD) of the American Planning Association is pleased to host the upcoming webcast How Land Use and Natural Resource Regulations are Shaping the Legal Cannabis Industry on Thursday, March 21, 2019 from 2:00 – 3:30 p.m. EST.  The program will explore how various land use and natural resource regulations shape the development … Continue Reading

New Jersey Islamic Group’s Religious Discrimination Claims May Proceed, Rules Federal Court

Yesterday, the United States Department of Justice (DOJ) reported on the case of Garden State Islamic Center v. City of Vineland.  The case involves Garden State Islamic Center’s plans to build a mosque.  The United States filed a Statement of Interest in the case to address the issue of what qualifies as a “land use … Continue Reading

4th Circuit Rules Ethnic Bias Gives Rise to RLUIPA Claim

Last week, the United States Court of Appeals for the Fourth Circuit reversed a lower court’s decision dismissing a church’s religious discrimination claims.  In doing so, the Fourth Circuit found that the church had properly alleged claims under RLUIPA based in part on the community’s ethnic bias against the church’s connection to associated church’s in … Continue Reading

7th Circuit Rules Church’s RLUIPA Claims Against Markham, Illinois Ripe for Review

The Seventh Circuit recently reversed a district court’s decision finding a church’s RLUIPA claims were unripe and moot because it was granted parking variances and a conditional use permit after the church brought suit.  The case involves the Church of Our Lord and Savior Jesus Christ (“Church”).  For the past 15 years, the Church has … Continue Reading

Upcoming Webinar – Planning and Law Caselaw Update

The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Planning and Law Caselaw Update on Thursday, January 31, 2019, from 1:00 to 2:30 p.m. ET.  Registration for individual PLD members is $20 and $45 for non-members. Registration for two or more people at one computer is $140. The … Continue Reading

Clifton, NJ Pays $2.5 Million to Settle RLUIPA Dispute

Clifton, New Jersey has agreed to pay a Jewish congregation $2.5 million and will allow it to construct a synagogue.  Congregation Shomrei Torah/Tiferes Boruch asked for permission to build a synagogue 11 years ago.  The congregation had to appear before Clifton’s zoning and planning board more than 30 times from 2008 to 2015.  The congregation … Continue Reading

Recap of the Top Read Blog Posts in 2018

As New Year’s approaches, let’s look back at last year’s happenings and how they have shaped religious land use issues across the nation.  Here are our top 10 most read blog posts of 2018: County of Ventura, California’s Permitting Scheme Stricken as Prior Restraint on Free Speech Rabbi Lacks Standing for some RLUIPA Claims, Says … Continue Reading

Tis The Season for Controversial Holiday Displays

The holidays are upon us.  That means spending time with loved ones, good food, presents, and, of course, controversial holiday displays.  Under the First Amendment, government must treat all religions equally and cannot take any action that would unreasonably burden religious exercise unless it has a compelling reason to do so.  Sometimes, local governments receive … Continue Reading

Coconut Creek, Florida Amends Zoning Code Following DOJ’s RLUIPA Investigation

Recently, the Department of Justice reported that it has closed its investigation into whether the City of Coconut Creek’s zoning code violated RLUIPA’s equal terms provision by treating secular assembly uses better than religious uses.  Below is the DOJ’s full press release: On December 4, the Department of Justice closed its investigation of the City … Continue Reading

Upcoming Webinar – Planning, Law and Plain English

The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Planning, Law, and Plain English on November 1, 2018 from 1:00 p.m. to 2:30 p.m. EDT.  Registration for individual PLD members is $20 and $45 for non-members. Registration for two or more people at one computer is $140.  … Continue Reading

Court Denies Summary Judgment in “Integral Yoga” RLUIPA Dispute in Hawaii

Back in 2015, we first reported about a RLUIPA case pitting the County of Maui, Hawaii against practitioners of “Integral Yoga” (prior post available here).  Integral Yoga is a worldwide religious organization established in the U.S. in 1966 that believes “the goal and the birthright of all individuals is to realize the spiritual unity behind … Continue Reading

Church Ministering To Homeless Secures Preliminary Injunction Against St. Paul, Minn. For Likely RLUIPA And Free Speech Violations

A federal court in Minnesota has issued a preliminary injunction in favor of a local church ministering to the homeless, ruling that the church was likely to prevail on its RLUIPA substantial burden and First Amendment free speech claims.  The injunction will prevent St. Paul, Minnesota from enforcing 2 of the 14 conditions it imposed … Continue Reading

Upcoming Webinar – Due Process in Zoning Hearings

The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Rules of the Game: A Framework for Fair & Effective Zoning Hearings on July 26, 2018.  Registration for individuals is $20 for PLD members and $45 for non-members. Registration for two or more people at one computer is … Continue Reading

Second Circuit: Islamic Group’s RLUIPA Claims Not Ripe Under Williamson County

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.  The case involved the Islamic Community Center of Mid Westchester’s (ICCMW) claims that it had … Continue Reading

Floating Home Owner Scores Second Supreme Court Victory Against Riviera Beach, FL

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 it deals with local government decision-making and citizens’ free speech rights under the First Amendment.  Most … Continue Reading

DOJ Rolls Out “Place to Worship” RLUIPA Initiative; Sues New Jersey Borough

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 that President Trump “is an unwavering defender of the right of free exercise [of religion], … Continue Reading

Church Sues Virginia County Over Religious Discrimination Claims

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 “Property”).  The Church has used the Property for two years for religious worship and other … Continue Reading

SCOTUS Rules Baker Who Refused Wedding Cake To Same-Sex Couple Suffered Religious Discrimination

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 intention for marriage from the beginning of history is that and should be the union … Continue Reading
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