Archives: Land Use Regulation

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CAFO Stinks, but Not a Substantial Burden

By Karla Chaffee and Evan Seeman on 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 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 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 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 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 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 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 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 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
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