Archives: Land Use Regulation

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Nashville Islamic Center’s Religious Discrimination Claims Dismissed

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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