Archives: Nondiscrimination

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City of Bayonne, New Jersey Sued Over Denial of Application to Build a Mosque

By Diana Neeves on Posted in Nondiscrimination, Substantial Burden
Last month, Bayonne Muslims, a New Jersey not-for-profit religious congregation, sued the City of Bayonne, New Jersey (the “City”), challenging the City’s denial of certain variances needed to construct a mosque.  Specifically, the City’s Zoning Board denied Bayonne Muslims’ application for a conditional use variance, a parking bulk variance, and additional setback and buffer variances. … Continue Reading

New Jersey Township’s Recently Enacted Ordinances Alleged to Violate RLUIPA

By Diana Neeves on Posted in Equal Terms, First Amendment, Nondiscrimination
Earlier this month, Agudath Israel of America Inc. (“Agudath Israel”) sued the Township of Jackson, New Jersey (“Jackson”), challenging Jackson’s recently-enacted land use ordinances restricting schools from all but three zoning districts and prohibiting dormitories. Agudath Israel’s Complaint, available here, alleges that Jackson’s enactment of these ordinances violates RLUIPA’s non-discrimination, equal terms, and exclusions and … Continue Reading

Jewish School’s RLUIPA Claims Are Ripe For Adjudication

By Diana Neeves on Posted in Equal Terms, First Amendment, Nondiscrimination, Ripeness, Substantial Burden
A federal court in the District of New Jersey has determined that claims asserted by the Congregation Kollel, Inc. (“Congregation”) against the Township of Howell, New Jersey (“Township”), based on the allegedly improper denial of a land use permit to build a Jewish educational facility, are ripe for review. The Congregation’s Proposed Plans The Congregation … Continue Reading

DOJ’s RLUIPA Claims Survive Motion to Dismiss

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Equal Terms, Nondiscrimination, Substantial Burden, Unreasonable Limitation
A federal court in Pennsylvania has denied Bensalem Township’s motion to dismiss a lawsuit brought by the United States Department of Justice challenging the Township’s denial of a use variance for a mosque.  The lawsuit alleges violations of the Religious Land Use & Institutionalized Persons Act (RLUIPA) and is in addition to a separate lawsuit … Continue Reading

DOJ Claims that County’s Denial of a Sewer Permit Violates RLUIPA

By Karla Chaffee, Evan Seeman, Dwight Merriam and John Peloso on Posted in Department of Justice, Nondiscrimination, Substantial Burden
Guest Post by Derek Valentine Earlier this month, the U.S. Justice Department (“DOJ”) filed suit in District Court for the Western District of Virginia against the Culpeper County Virginia Board of Supervisors alleging it acted in a discriminatory manor by denying a permanent pump and haul septic system permit for a proposed mosque. The Islamic … Continue Reading

Facial RLUIPA Claims Against Mobile, AL Dismissed

By Karla Chaffee, Evan Seeman, Dwight Merriam and John Peloso on Posted in Equal Terms, Nondiscrimination, Substantial Burden
Guest Post by Tavo T. True-Alcala Earlier this year, the Thai Meditation Association of Alabama and several individual plaintiffs (“the Center”) filed suit against the City of Mobile, Alabama (“the City”), alleging that the denial of its application to operate a meditation center in a residential area was a violation of its rights under RLUIPA on three … Continue Reading

Buddhist Meditation Center Sues Mobile, AL

By Karla Chaffee, Evan Seeman and Dwight Merriam on Posted in Equal Terms, First Amendment, Nondiscrimination, Substantial Burden
The Thai Meditation Association of Alabama and several individual plaintiffs (the “Center”) have filed suit against the City of Mobile, Alabama, its  Planning Commission, and City Council (“Mobile”) after the Planning Commission denied the Center’s application to construct and operate a meditation center intended to accommodate Buddhist practices on a 6.7-acre parcel (the “Property”).  The complaint, … Continue Reading

Department of Justice Sues Bensalem Township, PA Over Mosque Denial

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Department of Justice, Equal Terms, First Amendment, Nondiscrimination, Substantial Burden, Unreasonable Limitation
On July 21, the United States Department of Justice sued Bensalem Township, Pennsylvania, in federal court alleging violations of each of RLUIPA’s provisions following the Township’s 2014 denial of a variance application submitted by the Bensalem Masjid, Inc. (Masjid) to build a mosque.  While it is always noteworthy when the DOJ sues a municipality over … 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

A flood of amici support the Islamic Society of Basking Ridge

By Karla Chaffee, Evan Seeman and Dwight Merriam on Posted in Equal Terms, Nondiscrimination, Total Exclusion
Recently, we reported that Bernards Township, New Jersey (the “Township”) had invited the Islamic Society of Basking Ridge (“ISBR”) to resubmit an application to develop a mosque. Previously, the Township denied the Islamic Society’s application for a 4,250 square foot mosque after more than 39 public hearing sessions over the course of about 4 years.  … Continue Reading

Chabad Files RLUIPA Suit Against Toms River, New Jersey

By Karla Chaffee, Evan Seeman, Dwight Merriam and John Peloso on Posted in Equal Terms, First Amendment, Nondiscrimination, Religious Exercise, Substantial Burden, Total Exclusion, Unreasonable Limitation
Rabbi Moshe Gourarie and the Chabad Jewish Center of Toms River Inc. (the “Center”) have sued the Township of Toms River, New Jersey, and the Township’s Zoning Board of Adjustment (“ZBA”) in the Federal District Court of New Jersey.  The Center’s complaint is available here. Rabbi Gourarie has run the Center from his home and … Continue Reading

When is Mixed-Use Religious Exercise?

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Nondiscrimination, Religious Exercise, Substantial Burden
A Connecticut federal court has issued an important decision in a case involving the Religious Land Use & Institutionalized Persons Act (RLUIPA) that could affect how municipalities and courts examine whether certain proposals are religious uses protected by the statute.  The 2016 decision in Chabad Lubavitch of Litchfield County, Inc. v. Borough of Litchfield is … Continue Reading

Is a Parsonage a Primary Use? NJ District Court Ponders the Question

By Karla Chaffee, Evan Seeman, Dwight Merriam and John Peloso on Posted in Equal Terms, Nondiscrimination, Substantial Burden, Unreasonable Limitation
Christian Community Chapel Wesleyan Church, Inc. (the “Chapel”) was founded in 2000 and grew quickly to 125 members.  Expecting continued growth, the Chapel purchased a 33,000 square foot building with seats for 600 worshipers.  Unfortunately for the Chapel, its membership fluctuated greatly over the next ten years, at one point dropping to 35 members.  Its … Continue Reading

Upcoming Webinar: Planning for Religious Uses Under the Religious Land Use & Institutionalized Persons Act

By Evan Seeman on Posted in Equal Terms, Nondiscrimination, Substantial Burden, Total Exclusion, Unreasonable Limitation
The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Planning for Religious Uses Under The Religious Land Use & Institutionalized Persons Act on Thursday, October 22, 2015 from 1:00 to 2:30 PM ET. Registration is $20 for PLD members, $40 for nonmembers, and $45 for the webinar … Continue Reading

Mosque’s RLUIPA Claims Move Forward

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Equal Terms, Nondiscrimination, Substantial Burden, Unreasonable Limitation
Almost a year ago, we reported on The Bensalem Masjid, Inc.’s lawsuit against Bensalem Township, Pennsylvania following the Township’s denial of Masjid’s use variance application to build a 16,900-square foot mosque, including a 500-square foot conference room, a 4,000-square foot multipurpose room and 154 parking spaces (prior post here).  After five sessions of the public … Continue Reading

Illinois Federal Court Dismisses Some, But Not All, RLUIPA Claims

By Evan Seeman, Karla Chaffee and John Peloso on Posted in First Amendment, Nondiscrimination, Religious Freedom Restoration Act, Substantial Burden
A federal court in Illinois, in Church of Our Lord and Savior, Jesus Christ v. City of Markham, Illinois (N.D. Ill. 2015), dismissed some of the Church’s religious land use claims while allowing others to proceed. The case is important for a couple of reasons. First, it serves as a welcome reminder for local governments that … Continue Reading

Eleventh Circuit Dismisses RLUIPA Complaint of “Indigenous/Aboriginal Free Moorish National”

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Equal Terms, Nondiscrimination
In Bey v. City of Tampa Code Enforcement (11th Cir. 2015), the plaintiff Nura Washington Bey (“Washington”) sued the City of Tampa and its Code Enforcement Officer, Steven Mateyka, after Mateyka cited Washington in connection with her use of property to practice her Islamic faith with “fellow Moorish nationals.”  The citation noted that Washington had … Continue Reading

Illinois Appellate Court Interprets Equal Terms “Comparator” Favorably for Local Government

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Comparator, Equal Terms, Nondiscrimination
In an important decision for local governments, the Illinois Appellate Court on March 6, 2015 issued its decision in Joan Dachs Bais Yaakov Elementary School (“JDBY”) v. City of Evanston. The decision, particularly the Appellate Court’s assessment of comparators and its willingness to look past some boorish comments by a local official, may prove damaging … Continue Reading

A Gun in Every Home, But Not a Mosque on Every Corner: RLUIPA Lawsuit on the Way?

By Karla Chaffee, Dwight Merriam and Evan Seeman on Posted in Equal Terms, Nondiscrimination
On December 1, the Kennesaw, Georgia City Council voted 4 to 1 to deny a land use application by Suffa Dawat Center (the “Center”) to establish an Islamic place of worship and education center in a retail shopping plaza.  Kennesaw, population 29,783, is a suburb of Atlanta.  Family Circle magazine selected it as one of … Continue Reading

Second Circuit Revives Chabad Groups RLUIPA Suit

By Evan Seeman and Dwight Merriam on Posted in Equal Terms, Nondiscrimination, Substantial Burden
On September 19, 2014, the Second Circuit issued its decision in Chabad Lubavitch of Litchfield County, Inc. v. Borough of Litchfield (2d Cir. 2014), reversing the lower court’s entry of summary judgment in favor of the Borough of Litchfield concerning some of its claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA).  The … Continue Reading

Michigan Federal Court Dismisses Alger Bible Baptist Churchs RLUIPA Suit

By Evan Seeman and Dwight Merriam on Posted in Equal Terms, Nondiscrimination, Total Exclusion, Unreasonable Limitation
In an important decision for municipalities across the country, the United States District Court for the Eastern District of Michigan has ruled that excluding religious institutions from certain zoning districts on the grounds that they do not generate tax revenue is a legitimate exercise of zoning power if (1) the intent of the district is … Continue Reading

Harvest Covenant Church Settles RLUIPA Suit Against City of Milwaukee

By Evan Seeman and Dwight Merriam on Posted in Equal Terms, Nondiscrimination, Substantial Burden
After more than a year of litigation, Harvest Covenant Church (“Harvest”) and the City of Milwaukee, Wisconsin (“City”) have settled Harvest’s lawsuit alleging that the City’s zoning code and its actions in denying Harvest a special permit to operate a church violated federal and state law.  It all started in October 2009 when Harvest’s pastor … Continue Reading
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