Archives: Land Use Regulation

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RLUIPA Does Not Apply to Uninsured Amish Roofer Repairing Homeowner’s Damaged Roof

By Evan Seeman on September 23, 2019 Posted in Land Use Regulation, Substantial Burden

A federal court in New York issued an important decision that should serve as a reminder about the reach of RLUIPA. The case involves a homeowner’s request to have an Amish roofer repair her damaged roof. In April 2018, Dorthy Frances Ripley’s home was damaged by high winds and she hired a local Amish roofer, … Continue Reading

Church Ministering to Homeless/Needy Can Proceed with Most of its Religious Discrimination Claims

By Evan Seeman on April 29, 2019 Posted in Equal Terms, First Amendment, Land Use Regulation, Nondiscrimination, Substantial Burden, Total Exclusion

A United States District Court for the Middle District of Tennessee recently ruled that Layman Lessons Church and Welcome Baptist Church, Inc. (“Layman Lessons”) can move forward with most, but not all, of its religious discrimination claims against Metropolitan Government of Nashville/Davidson County (“Nashville”). The dispute arose in 2018, when Layman Lessons claims that Nashville … Continue Reading

New Jersey Islamic Group’s Religious Discrimination Claims May Proceed, Rules Federal Court

By Evan Seeman on February 13, 2019 Posted in Land Use Regulation

Yesterday, the United States Department of Justice (DOJ) reported on the case of Garden State Islamic Center v. City of Vineland. The case involves Garden State Islamic Center’s plans to build a mosque. The United States filed a Statement of Interest in the case to address the issue of what qualifies as a “land use … Continue Reading

Proposed Law in Woodbury, New York Would Require Permits for Eruvin

By Diana Neeves on December 20, 2018 Posted in First Amendment, Land Use Regulation

The Village Board for the Village of Woodbury, New York (“Village”) is considering a new law that would require a permit in order to erect or maintain an eruv in any public street, right-of-way or easement. For those not familiar with an eruv, it is an unbroken demarcation of an area, often created by connecting … Continue Reading

CAFO Stinks, but Not a Substantial Burden

By Karla Chaffee and Evan Seeman on January 31, 2018 Posted in Land Use Regulation, Substantial Burden

Do 1,400 cattle and 17.4 million gallons of cow waste in open-air lagoons, upwind and a half a mile from a religious youth summer camp, impose a substantial burden? As unpleasant as a concentrated animal feed operation (“CAFO”) may be, a neighboring religious organization cannot use RLUIPA as a shield to prevent its operation. We … Continue Reading

To Protect Wildlife, or Religious Freedom?

By Diana Neeves on December 26, 2017 Posted in Equal Terms, Land Use Regulation

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 … Continue Reading

Requiring Repair, Rather than Demolition, For Church’s Violations of Municipality’s Property Maintenance Code May Impose A Substantial Burden

By Diana Neeves on July 14, 2017 Posted in Equal Terms, Land Use Regulation, Substantial Burden

An Illinois appellate court reversed a lower court’s dismissal of RLUIPA claims asserted by the First United Methodist Church of West Dundee (the “Church”) against the Village of West Dundee, Illinois (the “Village”), finding that the Church sufficiently stated claims under the substantial burden and equal terms clauses. The case concerns a historic building located … Continue Reading

Nashville Islamic Center’s Religious Discrimination Claims Dismissed

By Diana Neeves on February 3, 2017 Posted in First Amendment, Land Use Regulation, Religious Exercise, Religious Freedom Restoration Act, Substantial Burden

A federal district court in Tennessee recently dismissed for lack of subject matter jurisdiction a claim by the Islamic Center of Nashville (ICN) lawsuit challenging a Tennessee property tax exemption law on religious freedom grounds. Please see our previous blog post about the case here. Background Since 1995, ICN has operated a religious school, the … Continue Reading

Federal Court Rules Alabama Sex Offender Law is “Land Use Regulation” Under RLUIPA

By Evan Seeman, Karla Chaffee and Dwight Merriam on August 4, 2016 Posted in Land Use Regulation, Substantial Burden

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 … Continue Reading

Sikh Temple files suit after Oyster Bay, NY ordered it to stop work and then required SEQRA review

By Karla Chaffee, Evan Seeman and Dwight Merriam on July 21, 2016 Posted in Equal Terms, Land Use Regulation, Nondiscrimination, Substantial Burden

Guru Gobind Singh Sikh Center, Inc. (the “Temple”), on June 29, 2016 in the Eastern District of New York, sued the Town of Oyster Bay, New York, the Town Board, and several Town Officials (together, the “Defendants”) after the Defendants halted the Temple’s construction of a house of worship, known as a gurdwara. The complaint … Continue Reading

Sewer Connection Must Be By The Least Restrictive Means

By Karla Chaffee, Evan Seeman and Dwight Merriam on June 15, 2016 Posted in First Amendment, Land Use Regulation, Least Restrictive Means

Barbara L. Yoder and Joseph I. Yoder (“Owners”) own a home in Sugar Grove Township, Pennsylvania (“Township”), which has a mandatory sewer connection ordinance (the “Ordinance”), requiring connection to the Sugar Grove Area Sewer Authority’s (“Authority”) infrastructure. According to the Ordinance, any property that abuts a sewer system constructed by the Authority must connect to … Continue Reading

Recovery House’s RLUIPA Challenge Fails

By Evan Seeman, Karla Chaffee and Dwight Merriam on March 31, 2016 Posted in Equal Terms, First Amendment, Land Use Regulation, Substantial Burden, Unreasonable Limitation

The District Court for the Northern District of Illinois has rejected RLUIPA and other claims asserted by a religious group in Affordable Recovery Housing v. City of Blue Island (N.D. Ill. 2016). The case stems from Affordable Recovery Housing’s (ARH) attempt to open a faith-based recovery home for adult men recovering from drug and alcohol … Continue Reading

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

By Karla Chaffee, Evan Seeman, Dwight Merriam and John Peloso on February 26, 2016 Posted in Land Use Regulation

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

Phoenix, Arizona Wins Religious Land Use Suit

By Evan Seeman and Karla Chaffee on July 30, 2015 Posted in Land Use Regulation

A Phoenix federal court recently issued a decision that may be of interest to local governments for two reasons. First, the case, Salman v. City of Phoenix (D. AZ 2015), is notable for its finding that RLUIPA claims cannot be brought to challenge building or safety codes, since RLUIPA applies only to zoning or landmarking … Continue Reading

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