John Peloso

John Peloso

John Peloso, a partner in the firm’s Real Estate Litigation Group, is a trial lawyer who represents companies, municipalities, and individuals in a wide range of matters. At the administrative, trial, and appellate levels, John counsels clients and litigates real property disputes, including real estate, land use, environmental, and tax matters, including RLUIPA and eminent domain matters.

In the area of real estate litigation, John represents institutional, municipal, and individual clients in disputes involving title, zoning, wetlands, land use, RLUIPA, eminent domain, and other real property rights. He also represents clients in all aspects of commercial lease and other real estate transactional disputes. In the area of real property tax litigation, he represents institutional and individual clients in proceedings at the regulatory, administrative, and trial levels. In this regard, he has dealt with specialized issues involving among other things, the valuation of high-tech software, wireless communications equipment, contingency fee tax audits, special use properties, and the impact of environmental conditions on the valuation of real property.

Prior to joining Robinson+Cole, John was a member of the litigation department at White & Case LLP in New York City, where he concentrated his practice in complex commercial, property and securities litigation.

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Bare Amish Horses? It Depends.

Two Amish men have sued Auburn, Kentucky (population approx. 1,300) in a Kentucky state court over an ordinance requiring that horses wear equine diapers.  The ordinance, passed in 2014, is intended to keep town streets clear of horse manure, and is the result of neighbor complaints.  The ordinance requires “[a] properly fitted collection device shall … Continue Reading

Settlement Reached Allowing Construction of Muslim Cemetery in Dudley, MA

Guest Post by Derek Valentine Following some last minute hand-wringing, nearly a year of hearings and deliberations by the Zoning Board of Appeals (“ZBA”) and accusations of religious bias, the Town of Dudley agreed to a deal that would allow a proposed Muslim cemetery to be constructed on six acres of former farmland in a … Continue Reading

Missouri Church Wins Digital Sign Appeal

The Missouri Court of Appeals has ruled that the Kansas City, Missouri, Board of Adjustment abused its discretion in failing to grant a variance to Antioch Community Church (Church) to install digital components into its monument sign.  The Church argued that absent the variance it had practical difficulty in communicating its message.  In the alternative, … Continue Reading

DOJ Claims that County’s Denial of a Sewer Permit Violates RLUIPA

Guest Post by Derek Valentine Earlier this month, the U.S. Justice Department (“DOJ”) filed suit in District Court for the Western District of Virginia against the Culpeper County Virginia Board of Supervisors alleging it acted in a discriminatory manor by denying a permanent pump and haul septic system permit for a proposed mosque. The Islamic … Continue Reading

Port Jervis, NY Sued by DOJ; Settles Two Days Later

The City of Port Jervis, New York has agreed to settle a federal lawsuit filed by the United States Department of Justice (DOJ) alleging that the City’s revision to its zoning code violated the Religious Land Use & Institutionalized Persons Act (RLUIPA).  In August 2015, Goodwill Evangelical Presbyterian Church (Church) finalized a contract to purchase … Continue Reading

Rocky Mountain Sign Law Blog: Installation of Ten Commandments On City Hall Lawn is Government Speech, Violates First Amendment

Guest Post by Brian Connolly, Otten Johnson, PC Earlier this month, the Tenth Circuit Court of Appeals ruled that Bloomfield, New Mexico’s installation of a Ten Commandments monument on the lawn in front of city hall violated the Establishment Clause of the First Amendment. In 2007, upon request of one of its members, the Bloomfield … Continue Reading

Facial RLUIPA Claims Against Mobile, AL Dismissed

Guest Post by Tavo T. True-Alcala 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 operate a meditation center in a residential area was a violation of its rights under RLUIPA on three … Continue Reading

$1.7 Million Settlement with DOJ and CAIR-MI

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 school.  MIA then sued the Township, alleging that the denial substantially burdened its religious exercise.  At the time, MIA operated a school in … Continue Reading

Landmarking designation is alleged to violate RLUIPA

Guest Post by Tavo T. True-Alcala 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 Constitution.  The controversy began in the summer of 2015 when ICCMW submitted an application to undertake … Continue Reading

Nashville Islamic Center Claims Tax Rules Impose Unfair Burden

Guest Post by Tavo T. True-Alcala 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 Equalization after it was denied a request for retroactive property tax relief. Since 1995, ICN has operated a religious … Continue Reading

RLUIPA Case of the Year? Minnesota Municipality Uses RLUIPA’s Safe Harbor Provision to Avoid Liability

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 violations.  This is especially noteworthy because few courts have considered the safe harbor provision.  According to the court, the City of St. Michael’s … Continue Reading

Ocean, NJ ordered to allow Yeshiva boarding school

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) following the denial of an application to develop a yeshiva with boarding facilities for 96 male students between the ages … Continue Reading

Prevailing RLUIPA Defendant Denied Attorneys’ Fees

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 … Continue Reading

Georgia County Imposes Moratorium on Religious Uses

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 … Continue Reading

Chabad Files RLUIPA Suit Against Toms River, New Jersey

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 Jersey.  The Center’s complaint is available here. Rabbi Gourarie has run the Center from his home and … Continue Reading

New Jersey District Court Remands RLUIPA and Equal Protection Defense to State Court

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 that the use of taxpayer money to fund the restoration of churches violates the New Jersey Constitution and the New Jersey Civil … Continue Reading

West Virginia Church Prevails Against Development Authority

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 its religious use.  The theater was part of a former CSX rail-yard that was purchased in 1997 by RCDA, subdivided, and … Continue Reading

Congregation unlikely to succeed on RLUIPA claims

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 Ministries, NFP v. Village of Romeoville, Case No. 15 C 7839.  The court concluded that Truth Foundation Ministries (“TFM”) did not have a … Continue Reading

2,000sf Game Room, in Violation of Building Code, Not Protected By RLUIPA

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 neighbors complained that he was hosting large Bible studies in his home. The City sent several letters to … Continue Reading

Satanists Score Victory in Phoenix

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 of Tucson to lead the February 17 meeting with its own prayer.  The City Council decided that … Continue Reading

Is a permit requirement for door-to-door solicitation a violation of the 1st Amendment?

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 religious speech.  The ordinance requires that anyone wishing to solicit door-to-door obtain a permit from the City.  The Complaint in Arkansas-Louisiana Conference of … Continue Reading

Fourth Circuit: Church Never had Reasonable Expectation to Use Property as Place of Worship

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 Persons Act (RLUIPA).  In 2012, a religious congregation, Reconciling People Together in Faith Ministries, LLC (the “Congregation”), was formed in the … Continue Reading

Rhode Island Town Sued for Religious Discrimination

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 assembly use.  According to King’s Tabernacle, “[i]n early 2015, by the leading of the Holy Spirit, the Church set out … Continue Reading
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