Fraternite Notre Dame, Inc. is suing the County of McHenry, Illinois, over the County’s denial of a petition to amend a conditional use permit. Notre Dame’s mission includes various charitable activities, such as a daily soup kitchen, a weekly food pantry, and an after-school program. In 2005, Notre Dame obtained conditional use approval to develop
Synagogue Neighbor’s Weekday Service Protest Dismissed by New York Court
In 2005, the Village of Lawrence (Village) granted permission to Bais Medrash of Harborview Synagogue (Medrash) to construct a synagogue on three contiguous lots. As part of its approval, Medrash entered a Declaration of Restrictive Covenants, prohibiting weekday services and vehicle traffic on Fridays and Saturdays with the exception of certain Jewish holidays that fell
Ninth Circuit Rules No Substantial Burden Where Church Could Relocate or Submit Modified Application
The Ninth Circuit, in Mesquite Grove Chapel v. Debonis, recently issued an important decision ruling that plaintiff Chapel did not suffer a substantial burden on its religious exercise under the Religious Land Use & Institutionalized Persons Act (RLUIPA) following the Pima County Chief Zoning Inspector’s determination that the proposed use did not meet the
When the Tent’s A-Rockin’… Rock Below 60 Decibels
Vintage Church of Metairie, Jefferson Parish, Louisiana, was never a source of neighborhood angst—that is, until the tent came. After merging with another local church in 2010, Vintage’s membership steadily rose. By 2015, the Church had plans ready to expand its building on Rayne Street. Before construction began on its existing facility, the Church moved
Nativity Scenes & Starbucks Coffee Cups Spark Holiday Controversy Across Nation
It wouldn’t be the holidays without controversial nativity scenes igniting lawsuits across the country. Generally, these lawsuits are brought under the Establishment Clause, alleging that the government illegally endorses one religion over another by permitting religious displays on public property. Even controversial religious displays on private property can lead to zoning enforcement action. Last year,
New Hampshire Church and Signs for Jesus Sue for Electronic Biblical Board
Hillside Baptist Church (the Church) and Signs for Jesus (S.4.J.C.) (together, Plaintiffs) recently filed a complaint in the District Court for New Hampshire, seeking a declaration that the Town of Pembroke’s (the Township) sign ordinance is unconstitutional both facially and as applied to the Plaintiffs. According to the Plaintiffs, the Township’s Ordinance “restricts how the
RLUIPA Round-Up (Thanksgiving Edition)
Many view Thanksgiving week as a time for reflection and gratitude. Whether looking forward to the next turkey or reminiscing about the last, take some time for our semi-regular summary of news items involving local government, religion, and land use—the round-up:
- The Massachusetts Supreme Judicial Court, in Trapp v. Commissioner of the Department of Corrections
West Virginia Church Sues Development Authority
Summit Church, founded in 1991 in Elkins, West Virginia, is suing the Randolph County Development Authority for thwarting the Church’s plans to purchase property for its religious use. The Church already owns property in Elkins, but it claims that it is not large enough to accommodate the Church’s needs and that it must hold religious
Bike Lanes, Jedi, Medicine Men, Cowboys and More: This Week’s RLUIPA Round-Up
What is Religious Exercise? remains a prevalent question in religious land use news this week. Below, find our semi-regular summary of news items involving local government, religion, and land use.
- A District of Columbia church, the United House of Prayer, recently claimed that plans to designate a protected bike lane in front of its
What is Religious Exercise Under RLUIPA?
In last week’s, RLUIPA Round-Up we reported about the case Hale v. Federal Bureau of Prisons (D. CO 2015) in which the court found that the Church of the Creator – a white supremacist movement that advocates “total racial segregation so as to stop the mixture, and hence destruction, of White culture and genetic stock”