Recent amendments to the zoning code of the City of Monroe, North Carolina (the “City”) are unconstitutional, according to the Complaint filed by At the Cross Fellowship Baptist Church (the “Church”), a congregation of approximately 30 people established in 2017, which describes itself as having “a calling to serve the Monroe, North Carolina community.”
Continue Reading North Carolina City’s Zoning Code Amendment “At The Cross”-Road of RLUIPA Claim
Federal Court Rejects Church’s Religious Land Use Claims Based on Government’s Legitimate Zoning Concerns
A federal court in Nevada has ruled that the denial of a church’s special use permit application to develop property with a house of worship did not violate RLUIPA’s substantial burden provision, the Equal Protection Clause, the Due Process Clause, or state law. Significantly, this case demonstrates the bedrock principle that land use agencies may deny zoning applications for religious use for legitimate zoning concerns. In this case, the land use agency deemed the site in question inappropriate for a house of worship because it was adjacent to a dangerous intersection with existing traffic problems and would be incompatible with the quiet neighborhood.
Continue Reading Federal Court Rejects Church’s Religious Land Use Claims Based on Government’s Legitimate Zoning Concerns
Rabbi Lacks Standing for some RLUIPA Claims, Says Federal Court
A federal court in Maryland has found that a rabbi was without standing to bring claims under RLUIPA’s nondiscrimination and equal terms provisions, since those claims can be brought only by an “assembly” or “institution.” While the court dismissed these claims, identical claims brought by a Jewish congregation – an assembly or institution under RLUIPA – continued.
Continue Reading Rabbi Lacks Standing for some RLUIPA Claims, Says Federal Court
Maryland Federal Court – Church’s Alleged Substantial Burden was Self-Imposed
A federal court in Maryland recently rejected a church’s RLUIPA and related constitutional claims, finding that the religious group’s claimed harm was self-created. The case demonstrates the importance of due diligence efforts in connection with developing property in the context of a religious land use controversy.
The religious group, Jesus Christ is the Answer Ministries,
Religious Land Use Controversy Brewing in Laurel, Maryland: Can a Church Worship in a Coffee Shop?
Redemption Community Church (the “Church”) has filed a federal lawsuit against the city of Laurel, Maryland (the “City”), after the City issued a cease and desist order prohibiting the Church from offering religious services at the coffee shop it owns in the City’s community-village zoning district (the “CV Zone”).
According to the complaint, the Church
Allenhurst, NJ Sued Under RLUIPA One Day and Settles the Next
The Borough of Allenhurst, New Jersey has settled a lawsuit against an Orthodox Jewish group just one day after the group filed suit in federal court alleging violations of RLUIPA’s unreasonable limits and exclusions and equal terms provisions. As part of the swift settlement, the Borough will permit an addition to a residential home to
County of Ventura, California’s Permitting Scheme Stricken as Prior Restraint on Free Speech
The United States Court of Appeals for the Ninth Circuit has ruled that Ventura County, California’s conditional use permit (CUP) scheme for “temporary outdoor” events is an unconstitutional prior restraint on free speech. Temporary outdoor events are defined in the County’s zoning code to include “[o]utdoor recreational events such as harvest festivals, amusement ride, historic
To Protect Wildlife, or Religious Freedom?
That was the question before the Deschutes County Board of Commissioners earlier this month.
The conflict arose as a result of John and Stephanie Shepherd’s continued attempts to host weddings on their property in Deschutes County, Oregon (the “County”), which is zoned for exclusive farm use (“EFU”) and subject to a wildlife protection overlay zone
Mahwah Eruv Update
In an update to our previous post about an eruv dispute in New Jersey, the Mahwah Township Council has voted to withdraw two ordinances at the center of a religious discrimination lawsuit involving the construction of an eruv. In September, we reported about Bergen Rockland Eruv Association, Inc.’s (“BREA”) lawsuit against the Township of Mahwah
City’s Refusal to Permit Private Religious School in Business District Does Not Violate RLUIPA
A federal court has issued another decision in the longstanding RLUIPA battle between the City of Upper Arlington, Ohio (“City”) and Tree of Life Christian Schools (“TLC”). For a second time, a federal court in the Southern District of Ohio has ruled that the City did not violate RLUIPA’s equal terms provision by prohibiting religious