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 the U.S. Constitution, and the Fourteenth Amendment’s substantive due process protection. Although the Township denied LSC’s application for a permit to operate its
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 County Line Road Road in June of 2015, and obtained an administrative use permit to construct the mosque
This post is co-authored with Brian Connolly of Otten Johnson Robinson Neff + Ragonetti, contributor author to the Rocky Mountain Sign Law (www.rockymountainsignlaw.com) blog.
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
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 Planning Commission denied the Center’s application to construct and operate a meditation center intended to accommodate Buddhist practices on a 6.7-acre parcel (the “Property”). The
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 square foot mosque. The Center began searching for property it could purchase and construct a mosque, especially in the City
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 mosques and Islamic schools. Below are some of the latest religious land use controversies from around
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 Orange, California, claiming violations of rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA) and state law, because the City “deprived the
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 legislature’s enactment and enforcement of a sex offender law that prevented the pastor’s transitional housing program. The law in question (Alabama Code
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 Historic District Commission of the Town of Bedford (Commission) over the Commission’s denial of the church’s request to install solar panels on a building
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,” is a follow-up to the DOJ’s 2010 report, and is an important read for any municipal lawyer. One of the main