Archives: Ripeness

Subscribe to Ripeness RSS Feed

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 … Continue Reading

Landmarking designation is alleged to violate RLUIPA

Guest Post by Tavo T. True-Alcala A brewing dispute in Yonkers, NY has led the Islamic Community Center for Mid Westchester (ICCMW) to allege that Yonkers violated ICCMW’s rights under RLUIPA, and the First and Fourteenth Amendments of the United States Constitution.  The controversy began in the summer of 2015 when ICCMW submitted an application to undertake … Continue Reading

Court Finds Muslim Group Lacks Property Interest and Tosses RLUIPA Suit; Pittsfield Charter Township Wins.

A federal court in Michigan has ruled against a Muslim group in its RLUIPA suit against Pittsfield Charter Township after finding that the group lacked a legally cognizable property interest to sustain its claims.  To establish a RLUIPA claim, a plaintiff must have “an ownership, leasehold, easement, servitude, or other property interest in the regulated … Continue Reading

Second Circuit Vacates Lower Courts Dismissal of RLUIPA Claims

St. Vincent de Paul Place, Norwich, Inc. (“St. Vincent”) provides food, shelter, and other services to the poor and homeless in Norwich, Connecticut in accordance with its religious beliefs.  On July 9, 2012, St. Vincent obtained a six-month temporary zoning permit to use a former religious school building (the “Property”) to perform these services.  The … Continue Reading

Sixth Circuit: RLUIPA Claims Dismissed for Lack of Ripeness Might be Cured by Denial of Land Use Application Brought During Pendency of Appeal

In yet another case about ripeness, the Sixth Circuit, in Tree of Life Christian Schools v. City of Upper Arlington (6th Cir. 2013), recently weighed-in on the issue.  Tree of Life Christian Schools  (the “School”) purchased property in the City’s Office and Research zoning district with the intent to open a private Christian school to … Continue Reading

Eleventh Circuit Clarifies Ripeness Requirements For RLUIPA And Constitutional Land Use Claims

For the second time in a month, a federal appellate court has chosen not to apply the ripeness test established by the United States Supreme Court in Williamson County Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172 (1985) when evaluating the ripeness of claims taken under RLUIPA and the U.S. Constitution.  The Williamson County … Continue Reading

California Federal Court Dismisses Fortune-Tellers RLUIPA Claims As Unripe For Judicial Review

In Davis v. City of Selma (ED CA 2013), Stephanie Davis, a 30-year old wife and mother who is a palm-reading fortune-teller, sued the City of Selma, California alleging violations of her rights under the U.S. Constitution, RLUIPA, and the California Constitution.  At issue was the Selma Municipal Code’s (the “SMC”) prohibition against fortune-telling without … Continue Reading

First Circuit Defines RLUIPA Substantial Burden Standard — Sort of . . .

In Roman Catholic Bishop of Springfield v. City of Springfield (1st Cir. 2013), Plaintiff Roman Catholic Bishop (“RCB”) sued the City of Springfield alleging that the City’s creation of a single-parcel historic district encompassing RCB’s church violated RLUIPA, the United States Constitution, and State Law.  The case is important for its RLUIPA “substantial burden” and ripeness … Continue Reading

Shopping Center Owners RLUIPA Claims Arising from Citys Refusal to Grant Church Tenant a Building Application Dismissed by Federal District Court in Maine

In March 2009, the City of Brewer, Maine granted the Rock Church of Greater Bangor, Inc. a building permit to renovate space and operate a church in 4,500 square feet of a building it leased from Dana Cassidy, a shopping center owner. The Church received its certificate of occupancy in 2011 and began conducting religious … Continue Reading
LexBlog