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
Land Use Regulation

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

Sewer Connection Must Be By The 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…
Recovery House’s RLUIPA Challenge Fails
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…
2,000sf Game Room, in Violation of Building Code, Not Protected By RLUIPA
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…
Phoenix, Arizona Wins Religious Land Use Suit

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…