A federal court in Maryland has found that a rabbi was without standing to bring claims under RLUIPA’s nondiscrimination and equal terms provisions, since those claims can be brought only by an “assembly” or “institution.” While the court dismissed these claims, identical claims brought by a Jewish congregation – an assembly or institution under RLUIPA – continued.
Continue Reading Rabbi Lacks Standing for some RLUIPA Claims, Says Federal Court
Maryland Federal Court – Church’s Alleged Substantial Burden was Self-Imposed
A federal court in Maryland recently rejected a church’s RLUIPA and related constitutional claims, finding that the religious group’s claimed harm was self-created. The case demonstrates the importance of due diligence efforts in connection with developing property in the context of a religious land use controversy.
The religious group, Jesus Christ is the Answer Ministries,
Religious Land Use Controversy Brewing in Laurel, Maryland: Can a Church Worship in a Coffee Shop?
Redemption Community Church (the “Church”) has filed a federal lawsuit against the city of Laurel, Maryland (the “City”), after the City issued a cease and desist order prohibiting the Church from offering religious services at the coffee shop it owns in the City’s community-village zoning district (the “CV Zone”).
According to the complaint, the Church
Kenyan Church Claims Baltimore County’s Land Use Regulations Impose Substantial Burden
Last week, Jesus Christ is the Answer Ministries, Inc. (the “Church”), a nondenominational Christian church in Baltimore County, Maryland, and the Church’s pastor, Reverend Lucy Ware, filed suit against Baltimore County, Maryland and the Board of Appeals of Baltimore County (together, “Baltimore County”), challenging Baltimore County’s denial of the Church’s petition to use Rev. Ware’s
Department of Justice and Bensalem Township, PA Settle Lawsuit Over Mosque Denial
The United States Department of Justice (“DOJ”) has reached an agreement with Bensalem Township, Pennsylvania (“Township”), resolving allegations that the Township violated each of RLUIPA’s provisions when it denied a use variance application submitted by the Bensalem Masjid, Inc. (“Masjid”) to build a mosque. We previously posted about this case here.
The DOJ lawsuit
City of Bayonne, New Jersey Sued Over Denial of Application to Build a Mosque
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.
New Jersey Township’s Recently Enacted Ordinances Alleged to Violate RLUIPA
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
Jewish School’s RLUIPA Claims Are Ripe For Adjudication
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
DOJ’s RLUIPA Claims Survive Motion to Dismiss
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
DOJ Claims that County’s Denial of a Sewer Permit Violates RLUIPA
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