Archives: Substantial Burden

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New Substantial Burden Framework in the Sixth Circuit; Court Upholds RLUIPA Verdict in Favor of Michigan Township

By Karla Chaffee on Posted in Substantial Burden
In an important decision for municipalities across the Country, the Sixth Circuit upheld a district court decision that found Genoa Charter Township (Township) did not violate federal law in denying a church’s application for a special use permit to operate a religious school. The take away from the case? Asking students to drive an extra … Continue Reading

City of Bayonne, New Jersey Sued Over Denial of Application to Build a Mosque

By Diana Neeves on Posted in Nondiscrimination, Substantial Burden
Last month, Bayonne Muslims, a New Jersey not-for-profit religious congregation, sued the City of Bayonne, New Jersey (the “City”), challenging the City’s denial of certain variances needed to construct a mosque.  Specifically, the City’s Zoning Board denied Bayonne Muslims’ application for a conditional use variance, a parking bulk variance, and additional setback and buffer variances. … Continue Reading

Jewish School’s RLUIPA Claims Are Ripe For Adjudication

By Diana Neeves on Posted in Equal Terms, First Amendment, Nondiscrimination, Ripeness, Substantial Burden
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

Nashville Islamic Center’s Religious Discrimination Claims Dismissed

By Diana Neeves on Posted in First Amendment, Land Use Regulation, Religious Exercise, Religious Freedom Restoration Act, Substantial Burden
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, the … Continue Reading

DOJ’s RLUIPA Claims Survive Motion to Dismiss

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Equal Terms, Nondiscrimination, Substantial Burden, Unreasonable Limitation
A federal court in Pennsylvania has denied Bensalem Township’s motion to dismiss a lawsuit brought by the United States Department of Justice challenging the Township’s denial of a use variance for a mosque.  The lawsuit alleges violations of the Religious Land Use & Institutionalized Persons Act (RLUIPA) and is in addition to a separate lawsuit … Continue Reading

DOJ Claims that County’s Denial of a Sewer Permit Violates RLUIPA

By Karla Chaffee, Evan Seeman, Dwight Merriam and John Peloso on Posted in Department of Justice, Nondiscrimination, Substantial Burden
Guest Post by Derek Valentine Earlier this month, the U.S. Justice Department (“DOJ”) filed suit in District Court for the Western District of Virginia against the Culpeper County Virginia Board of Supervisors alleging it acted in a discriminatory manor by denying a permanent pump and haul septic system permit for a proposed mosque. The Islamic … Continue Reading

Port Jervis, NY Sued by DOJ; Settles Two Days Later

By Evan Seeman, Karla Chaffee, John Peloso and Dwight Merriam on Posted in Equal Terms, Substantial Burden
The City of Port Jervis, New York has agreed to settle a federal lawsuit filed by the United States Department of Justice (DOJ) alleging that the City’s revision to its zoning code violated the Religious Land Use & Institutionalized Persons Act (RLUIPA).  In August 2015, Goodwill Evangelical Presbyterian Church (Church) finalized a contract to purchase … Continue Reading

Facial RLUIPA Claims Against Mobile, AL Dismissed

By Karla Chaffee, Evan Seeman, Dwight Merriam and John Peloso on Posted in Equal Terms, Nondiscrimination, Substantial Burden
Guest Post by Tavo T. True-Alcala Earlier this year, the Thai Meditation Association of Alabama and several individual plaintiffs (“the Center”) filed suit against the City of Mobile, Alabama (“the City”), alleging that the denial of its application to operate a meditation center in a residential area was a violation of its rights under RLUIPA on three … Continue Reading

RLUIPA Case of the Year? Minnesota Municipality Uses RLUIPA’s Safe Harbor Provision to Avoid Liability

By Evan Seeman, Karla Chaffee, Dwight Merriam and John Peloso on Posted in Equal Terms, First Amendment, Safe Harbor Provision, Substantial Burden
In an important decision for municipalities across the country, a federal court in Minnesota has recently ruled that actions taken under RLUIPA’s “safe harbor” provision absolved a local government of possible RLUIPA violations.  This is especially noteworthy because few courts have considered the safe harbor provision.  According to the court, the City of St. Michael’s … Continue Reading

Ocean, NJ ordered to allow Yeshiva boarding school

By Karla Chaffee, Evan Seeman, Dwight Merriam and John Peloso on Posted in Substantial Burden
In January of this year, Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) filed a 79-page complaint in federal court against the Township of Ocean, New Jersey, and the Township’s Zoning Board of Adjustment (the “Township) following the denial of an application to develop a yeshiva with boarding facilities for 96 male students between the ages … Continue Reading

Buddhist Meditation Center Sues Mobile, AL

By Karla Chaffee, Evan Seeman and Dwight Merriam on Posted in Equal Terms, First Amendment, Nondiscrimination, Substantial Burden
The Thai Meditation Association of Alabama and several individual plaintiffs (the “Center”) have filed suit against the City of Mobile, Alabama, its  Planning Commission, and City Council (“Mobile”) after the Planning Commission denied the Center’s application to construct and operate a meditation center intended to accommodate Buddhist practices on a 6.7-acre parcel (the “Property”).  The complaint, … Continue Reading

Hundreds Erupt in Elation After Sterling Heights Mosque Denial

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Equal Terms, Substantial Burden
In the RLUIPA Round-Up post, we noted that the City of Sterling Heights, Michigan, is facing a federal lawsuit following its denial of the American Islamic Community Center’s (Center) zoning application to build a 20,500 square foot mosque.  The Center began searching for property it could purchase and construct a mosque, especially in the City … Continue Reading

California Federal Court: Is Leasing to a Church Religious Exercise?

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Equal Terms, Religious Exercise, Substantial Burden
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 … Continue Reading

Federal Court Rules Alabama Sex Offender Law is “Land Use Regulation” Under RLUIPA

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Land Use Regulation, Substantial Burden
We previously reported on the case Martin v. Houston (M.D. Alabama 2016), in which the U.S. District Court for the Middle District of Alabama considered a pastor’s religious discrimination claims involving the state legislature’s enactment and enforcement of a sex offender law that prevented the pastor’s transitional housing program.  The law in question (Alabama Code … Continue Reading

U.S. Department of Justice Issues RLUIPA Report

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Department of Justice, Substantial Burden
The Department of Justice (DOJ) released a new report on its involvement in RLUIPA cases.  The report, “Update on the Justice Department’s Enforcement of the Religious Land Use and Institutionalized Persons Act: 2010-2016,” is a follow-up to the DOJ’s 2010 report, and is an important read for any municipal lawyer.  One of the main take-aways … Continue Reading

Department of Justice Sues Bensalem Township, PA Over Mosque Denial

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Department of Justice, Equal Terms, First Amendment, Nondiscrimination, Substantial Burden, Unreasonable Limitation
On July 21, the United States Department of Justice sued Bensalem Township, Pennsylvania, in federal court alleging violations of each of RLUIPA’s provisions following the Township’s 2014 denial of a variance application submitted by the Bensalem Masjid, Inc. (Masjid) to build a mosque.  While it is always noteworthy when the DOJ sues a municipality over … Continue Reading

Sikh Temple files suit after Oyster Bay, NY ordered it to stop work and then required SEQRA review

By Karla Chaffee, Evan Seeman and Dwight Merriam on Posted in Equal Terms, Land Use Regulation, Nondiscrimination, Substantial Burden
Guru Gobind Singh Sikh Center, Inc. (the “Temple”), on June 29, 2016 in the Eastern District of New York, sued the Town of Oyster Bay, New York, the Town Board, and several Town Officials (together, the “Defendants”) after the Defendants halted the Temple’s construction of a house of worship, known as a gurdwara. The complaint … Continue Reading

Michigan Township Prevails on Federal Religious Discrimination Claims

By Evan Seeman and Karla Chaffee on Posted in First Amendment, Substantial Burden
A federal court in Michigan has ruled that Genoa Charter Township did not violate federal law in denying a church’s application for a special use permit to operate a religious school.  Livingston Christian Schools (LSC) sought to use property owned by another church, Brighton Church of the Nazarene (Nazarene Church), for its religious school.  LSC … Continue Reading

Cemetery Association Not Substantially Burdened by Coastal Area Review

By Karla Chaffee, Evan Seeman and Dwight Merriam on Posted in Substantial Burden
Woodland Cemetery Association (the “Association”) appealed the Zoning Board of the City Stamford, Connecticut’s denial of an application to make several improvements to an existing cemetery within a “coastal area” regulated under Connecticut’s Coastal Management Act (the “Act”), Conn. Gen. Stat. § 22a-90 et seq.  In Connecticut, site plan applications for property located within a coastal … Continue Reading

Indiana Church Files Religious Discrimination Suit Over Nearby Dairy Farm Approval

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in First Amendment, Religious Exercise, Substantial Burden
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 … Continue Reading

New Article: Five Tips For Planners & Planning Commissioners Reviewing Religious Land Use Applications

By Karla Chaffee and Dwight Merriam on Posted in Religious Exercise, Substantial Burden, Zoning Hearings
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 the … Continue Reading

Ninth Circuit Agrees That Prohibition on the Possession and Distribution of Cannabis Does Not Violate RFRA

By Karla Chaffee, Evan Seeman and Dwight Merriam on Posted in Religious Freedom Restoration Act, Substantial Burden
Original photo by Dave H., some rights reserved.Founder and president of Oklevueha Native American Church of Hawaii, Inc. (“Oklevueha”), Michael Rex “Raging Bear” Mooney, filed suit in 2009 against various federal officials in the Federal District Court of Hawaii.  Mooney and Oklevueha sought to prevent the government from prosecuting them under the Controlled Substances Act (“CSA”), 21 U.S.C. § 801 et seq. … Continue Reading

Alabama Sex Offender Religious Land Use Case To Proceed

By Evan Seeman on Posted in First Amendment, Substantial Burden
The U.S. District Court for the Middle District of Alabama has ruled that Ricky Martin may proceed with his religious land use and other claims against the Chilton County District Attorney Randall Houston.  The Middle District of Alabama case Martin v. Houston involves Pastor Ricky Martin’s Triumph Church in Clanton, Alabama.  Martin began a transitional … Continue Reading

Chabad Files RLUIPA Suit Against Toms River, New Jersey

By Karla Chaffee, Evan Seeman, Dwight Merriam and John Peloso on Posted in Equal Terms, First Amendment, Nondiscrimination, Religious Exercise, Substantial Burden, Total Exclusion, Unreasonable Limitation
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 and … Continue Reading
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