The District Court for the Southern District of Ohio, in Tree of Life Christian Schools v. The City of Upper Arlington, No. 2:11-cv-009 (Southern District of Ohio, 2014), has granted summary judgment in favor of the City of Upper Arlington (“City”) in its defense of RLUIPA and related claims brought by Tree of Life
New York City Church Asks Second Circuit to Reconsider Ruling in Bronx Household of Faith v. Board of Education of the City of New York
We reported earlier this month that the Second Circuit, in The Bronx Household of Faith v. Board of Education of the City of New York, No. 12-2730 (2d Cir. 2014), ruled that the Board of Education of The City of New York (“Board”) did not violate the Free Exercise and Establishment Clauses of the
Texas Court Rules Against Homeowners Association Seeking To Enjoin Rabbi From Using Home As Synagogue
Updating our previous post, a Texas court, in Schneider v. Gothelf, No. 429-04998-2013-00 (Collin Co. TX Dist. Ct.), has ruled against a homeowners’ association which sought a temporary injunction to stop a synagogue, Toras Chaim, from holding services a couple of times a day for 25 worshippers in a single-family residence subject to
U.S. Supreme Court Mulls Petition for Certiorari Involving RLUIPA Land Use Case
The United States Supreme Court has never granted certiorari in a Religious Land Use and Institutionalized Persons Act (RLUIPA) case involving land use. But might it now? Eagle Cove Camp & Conference Center, Inc. (Eagle Cove), whose RLUIPA claims were rejected by the Seventh Circuit, requests in its petition for a writ of certiorari that
Second Circuit: New York City Board of Education Can Refuse to Allow Religious Worship Services in School Facility After School Hours
In a potentially significant decision, the U.S. Court of Appeals for the Second Circuit, in The Bronx Household of Faith v. Board of Education of The City of New York, No. 12-2730-cv (2d Cir. 2014), has ruled that the Board of Education of The City of New York (“Board”) did not violate the Free
City Council Members in Des Plaines, Illinois Immune from Islamic Organizations Religious Discrimination Claims
In an important decision for municipal officials across the country, the United States District Court for the Northern District of Illinois, in American Islamic Center v. City of Des Plaines, No. 13-C-6594 (N.D. Ill. 2014), ruled that city council members alleged to have discriminated against an Islamic organization in its application to rezone certain
Citys Prohibition of Donation Bins Prompts Constitutional Lawsuit
The City of St. Johns, Michigan is facing a lawsuit – Planet Aid v. City of St. Johns, Michigan, Docket No. 1:14-cv-00149 (W.D. Mich. 2014) – as a result of an amendment to its zoning ordinance to prohibit donation bins throughout the City. The City justifies its actions on the ground that several “for-profit
Religious Group Seeking Year-Round Bible Camp Petitions United States Supreme Court to Review Seventh Circuits Decision Rejecting RLUIPA Claims
We previously reported on the Seventh Circuit’s decision in Eagle Cove Camp & Conference Center v. Town of Woodboro, Wisconsin (7th Cir. 2013) in which plaintiff Eagle Cove sought to construct a year-round Bible camp in a residential zone on Wisconsin’s Squash Lake. The Seventh Circuit found that the Town of Woodboro’s denial of Eagle
United States Supreme Court to Hear RLUIPA Case Involving Prisoners Request to Grow Beard in Accordance with Muslim Faith
Although not a land use case, a pending prisoner’s RLUIPA claim bears following because it may ultimately shed some light on how the U.S. Supreme Court interprets “compelling interest” and “least restrictive means.”
Gregory Holt a/k/a Abdul Maalik Muhammad is serving a lifetime sentence in Arkansas for burglary and domestic battery. Mr. Holt seeks to
New RLUIPA Suit: River Hills Community Church of Sauk Prairie, Inc. v. Village of Sauk City, Wisconsin (W.D. WI 2014)
River Hills Community Church of Sauk Prairie, Inc. (Church) has sued the Village of Sauk City, Wisconsin (City) under RLUIPA, the U.S. Constitution, and state law concerning the City’s refusal to permit it to use a building owned by a bank for religious assembly.
As alleged in its complaint, the Church was formed in 2005