Ripeness is an important defense to RLUIPA claims.  A plaintiff must receive a final decision from the local authority as to how the zoning law applies to its proposal.  If not, plaintiff’s RLUIPA claim could be dismissed as unripe.  Requiring a party to go through the full local procedures offers practical benefits to local governments, crystalizing the issues and presenting an opportunity to resolve matters prior to litigation.  An initial denial by busy working-level zoning officials may create problems that can be solved by a zoning board of appeals’ more detailed and thoughtful review.  The final decision requirement insures that review occurs before the courts become involved.  Recently, however, plaintiffs have argued that finality is no longer necessary for a RLUIPA claim to be ripe.
Continue Reading Is Finality Still A Requirement For A RLUIPA Action To Be Ripe?

As New Year’s approaches, let’s look back at last year’s happenings and how they have shaped religious land use issues across the nation.  Here are our top 10 most read blog posts of 2018:

A federal court in Maryland has denied the City of Laurel, Maryland’s (“City”) motion to dismiss a lawsuit brought by Redemption Community Church (“Church”). The Church filed suit last February, 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”). We previously posted about this case here.
Continue Reading Coffee Shop Church’s Claims Survive Motion to Dismiss, City Amends Code to Permit Use

The Second Circuit recently issued a Summary Order in Islamic Community Center for Mid Westchester v. City of Yonkers Landmark Preservation Board (2d Cir. 2018) detailing what zoning relief a plaintiff must seek at the local level before filing suit.  The case involved the Islamic Community Center of Mid Westchester’s (ICCMW) claims that it had been the target of religious discrimination when the property it purchased to develop with a mosque was designated as a landmark by the City of Yonkers Landmark Preservation Board.  Four months later, ICCMW sued, alleging the landmark designation violated its First Amendment right to the free exercise of religion and RLUIPA.

The Second Circuit affirmed the district court’s dismissal for lack of subject matter jurisdiction (also known as “ripeness”), since ICCMW did not apply for a certificate of appropriateness to develop the property as a mosque. 
Continue Reading Second Circuit: Islamic Group’s RLUIPA Claims Not Ripe Under Williamson County

A district court in the Southern District of Florida has dismissed as unripe claims brought by Centro de Ensenanza Palabra de Fe, Inc. (“Centro”), a tax-exempt religious organization that operates a daycare center and elementary school in addition to offering religious services, against the City of Hialeah, Florida (“City”).  Centro alleged that the City had violated its federal constitutional and statutory rights by requiring it to obtain a conditional use permit to continue operating the elementary school, even though the zoning code did not require that Centro obtain a CUP when it first opened.
Continue Reading Christian School’s Claims Dismissed as Unripe Under Midrash Sephardi

A federal district court in Illinois has dismissed religious discrimination and related claims alleged by the Church of Our Lord & Savior Jesus Christ (“Church”) against the City of Markham, Illinois (“City”), in connection with the City’s denial of the Church’s application for a conditional use permit.  We previously posted about this case, Church of

A federal court in New York has dismissed religious discrimination and related claims alleged by an evangelical Christian church (the “Church”) against the Town of Colonie, New York, its agencies and officials (the “Town”), in connection with conditions of approval imposed by the Town on the Church.  The Church sought zoning approval to construct a

The Islamic Community Center for Mid Westchester (“ICCMW”) has appealed the decision of the Southern District of New York that held ICCMW’s claims were not yet ripe for review and ICCMW did not have the right to supplement its complaint to add an additional cause of action. ICCMW’s pre-argument statement to the Second Circuit, including

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