Two Amish men have sued Auburn, Kentucky (population approx. 1,300) in a Kentucky state court over an ordinance requiring that horses wear equine diapers. The ordinance, passed in 2014, is intended to keep town streets clear of horse manure, and is the result of neighbor complaints. The ordinance requires “[a] properly fitted collection device shall
Religious Exercise
California Federal Court: Is Leasing to a Church Religious Exercise?
The Scinto Foundation (Foundation) supports religious organizations “by having activities which are similar to [religious activities] and/or by giving them money, or donating services ….” The Foundation sued the City of Orange, California, claiming violations of rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA) and state law, because the City “deprived the…
Massachusetts Church Alleges Solar Panel Denial Violates Religious Freedom
A Massachusetts Superior Court is soon to consider the interplay of three important planning principles – historic preservation, sustainable development, and freedom of religion. A Unitarian Universalist church is suing the Historic District Commission of the Town of Bedford (Commission) over the Commission’s denial of the church’s request to install solar panels on a building…
Indiana Church Files Religious Discrimination Suit Over Nearby Dairy Farm Approval
For the past 30 years, Harvest Christian Camp has provided a summer camp for thousands of Christian children on a 36 acre site in Henry County, Indiana, in accordance with its religious beliefs to “help[] children and teens to develop a strong life-long relationship with the Lord [through] praise and worship, Bible classes, devotions and…
New Article: Five Tips For Planners & Planning Commissioners Reviewing Religious Land Use Applications
Robinson+Cole lawyers Brian Smith and Evan Seeman recently published an article in the Spring 2016 edition of Connecticut Planning, a publication of the Connecticut Chapter of the American Planning Association that should be of interest to many of our readers. In the article, Smith and Seeman discuss a Connecticut soup kitchen’s legal battle with…
Church of the Flying Spaghetti Monster Not a Religion, Says Federal Court
We don’t often report on RLUIPA prisoner cases (recall, that RLUIPA applies in the land use and prison contexts). But a recent federal decision in Nebraska – Cavanaugh v. Bartelt (D. Nebraska 2016), is just too good to pass up. Stephen Cavanaugh, a prisoner in the Nebraska State Penitentiary, claims that he is “Pastafarian” –…

Chabad Files RLUIPA Suit Against Toms River, New Jersey
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…
Ninth Circuit Rules in Favor of Soup Kitchen in Dispute with San Buenaventura, CA
The U.S. Court of Appeals for the Ninth Circuit has reversed a district court’s decision that Harbor Missionary Church’s (Church) religious exercise was not substantially burdened by the City of San Buenaventura’s denial of a conditional use permit. In 2008, the Church began providing service to the poor and needy in accordance with its religious…
Connecticut Soup Kitchen to Remain Open Following Settlement
The City of Norwich, Connecticut has agreed to end a three-year legal battle to settle three separate federal lawsuits allowing St. Vincent de Paul Place, Norwich, Inc., a ministry of The Polish Roman Catholic Congregation (Church), to operate a soup kitchen and food pantry at the site of a former parochial school. The settlement will…
Star Wars Church Opens in Spokane, Washington
Two brothers have opened a new kind of church in Spokane, Washington known as the Jedi Alliance. The Church gets its name from the storied Star Wars franchise. According to the brothers, Tim and Tyler Arnold, “[t]he Jedi belief structure is that Jediism will have you be a better person. Whatever your belief structure is…