Today we report on a fascinating decision out of the Tenth Circuit. It’s not a land use case. It’s not even an RLUIPA case. But we thought it appropriate for this time of year. The plaintiff, a pro se prisoner named Muamar Sayyed, claims to be the “Spirit of God and Son of Man, the
Church’s RLUIPA Claim Against an Illinois City is “Likely to Succeed”
The District Court for the Northern District of Illinois granted a preliminary injunction prohibiting the City of Markham from requiring the Original Bible Church of Illinois to obtain conditional use approval to use property it leases as a church.
The Original Bible Church (“Church”) leases property owned by its pastor in a “neighborhood shopping district”
Nashville Islamic Center’s Religious Discrimination Claims Dismissed
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,
Bare Amish Horses? It Depends.
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
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