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
SCOTUS Non-Land Use Case Could Impact Land Use
Last week, the U.S. Supreme Court granted a request to review a church’s claim that the state of Missouri violated the federal constitution by prohibiting religious groups from obtaining state funding because of their religious nature. The case involves Trinity Lutheran Church of Columbia, which runs a preschool and daycare in Missouri that is open
Illinois Nuns Sue Over Brewery/Nursing Home Denial
Fraternite Notre Dame, Inc. is suing the County of McHenry, Illinois, over the County’s denial of a petition to amend a conditional use permit. Notre Dame’s mission includes various charitable activities, such as a daily soup kitchen, a weekly food pantry, and an after-school program. In 2005, Notre Dame obtained conditional use approval to develop
Supreme Judicial Court Holds That Sweat Lodge Prison Closure Violates RLUIPA
This is a guest post contributed by Joseph N. Schneiderman.*
On November 23, in Trapp v. Roden, 473 Mass. 210 (2015), the Supreme Judicial Court of Massachusetts ruled that the Massachusetts Department of Correction’s (DOC) closure of a sweat lodge at Souza-Baranowski Correctional Center (SBCC) violated RLUIPA. Justice Fernande R.V. Duffly wrote for a unanimous
What is Religious Exercise Under RLUIPA?
In last week’s, RLUIPA Round-Up we reported about the case Hale v. Federal Bureau of Prisons (D. CO 2015) in which the court found that the Church of the Creator – a white supremacist movement that advocates “total racial segregation so as to stop the mixture, and hence destruction, of White culture and genetic stock”
Life is Beautiful! Stevie Wonder Concert Not a Burden on Religious Exercise
A federal court in Nevada recently dismissed a church’s claim that a music festival in “Sin City” Las Vegas featuring the likes of Stevie Wonder, Duran Duran, and Twenty One Pilots burdened its religious exercise. According to the church, the three-day art, music, culinary and learning festival known as “Life is Beautiful” results in large
Tear Down This Wall! Botched Demolition and Apartment Conditions Lead to RLUIPA Dispute
On September 24, Rock Church of Easton (Rock Church) filed an “Emergency Motion for a Temporary Restraining Order and /or Preliminary Injunction” against the City of Easton, Pennsylvania (the City or Easton) and its Bureau of Codes and Inspections. Rock Church seeks a Temporary Restraining Order (TRO) to stop the City from enforcing “local code
RLUIPA Round-Up
Here are news items involving local government, religion, and land use that have caught our attention.
- Religion Clause Blog reports that Indiana’s First Church of Cannabis is using the state’s recently enacted religious freedom law to protect its founder and
RLUIPA Round-Up
Welcome to the inaugural edition of RLUIPA Round-Up, where we run through recent religious land use disputes and other matters involving local government and religion throughout the country. Some of the items below include updates of cases that we have previously reported, pending zoning applications for religious use, or other topics such as religious invocation
The Ultimate Deus Ex Machina – Swingers Club Becomes a Church!
Every so often RLUIPA Defense feels the need to expand its reporting horizons. We usually stick to run-of-the-mill, pending or threatened litigation related to religious-land uses and RLUIPA. Sometimes we stray a bit and review strictly First Amendment cases (Satanic Temple at it Again). In this story, there was no permit denial and