Archives: Total Exclusion

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Church Ministering to Homeless/Needy Can Proceed with Most of its Religious Discrimination Claims

By Evan Seeman on Posted in Equal Terms, First Amendment, Land Use Regulation, Nondiscrimination, Substantial Burden, Total Exclusion
A United States District Court for the Middle District of Tennessee recently ruled that Layman Lessons Church and Welcome Baptist Church, Inc. (“Layman Lessons”) can move forward with most, but not all, of its religious discrimination claims against Metropolitan Government of Nashville/Davidson County (“Nashville”).  The dispute arose in 2018, when Layman Lessons claims that Nashville … Continue Reading

Chabad House for Towson University and Goucher College Files Lawsuit Alleging RLUIPA Violations Following State Court Order to Demolish Newly-Constructed Addition

By Diana Neeves on Posted in Equal Terms, Nondiscrimination, Substantial Burden, Total Exclusion, Unreasonable Limitation
The Chabad House for Towson University and Goucher College, pictured above, has filed a lawsuit against Baltimore County, Maryland (the “County”), following a state court order requiring demolition of a newly-constructed addition to the Chabad House. The Complaint alleges, among other things, violations of RLUIPA’s substantial burden, equal terms, nondiscrimination, and exclusions and limitations provisions.… Continue Reading

Allenhurst, NJ Sued Under RLUIPA One Day and Settles the Next

By Evan Seeman on Posted in Equal Terms, Total Exclusion, Unreasonable Limitation
The Borough of Allenhurst, New Jersey has settled a lawsuit against an Orthodox Jewish group just one day after the group filed suit in federal court alleging violations of RLUIPA’s unreasonable limits and exclusions and equal terms provisions.  As part of the swift settlement, the Borough will permit an addition to a residential home to … Continue Reading

A flood of amici support the Islamic Society of Basking Ridge

By Karla Chaffee, Evan Seeman and Dwight Merriam on Posted in Equal Terms, Nondiscrimination, Total Exclusion
Recently, we reported that Bernards Township, New Jersey (the “Township”) had invited the Islamic Society of Basking Ridge (“ISBR”) to resubmit an application to develop a mosque. Previously, the Township denied the Islamic Society’s application for a 4,250 square foot mosque after more than 39 public hearing sessions over the course of about 4 years.  … 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

Congregation unlikely to succeed on RLUIPA claims

By Karla Chaffee, Evan Seeman, Dwight Merriam and John Peloso on Posted in Comparator, Equal Terms, Total Exclusion, Unreasonable Limitation
The Northern District of Illinois recently had an opportunity to apply the Seventh Circuit’s “accepted zoning criteria” RLUIPA Equal Terms test to a plaintiff’s request for a preliminary injunction in Truth Foundation Ministries, NFP v. Village of Romeoville, Case No. 15 C 7839.  The court concluded that Truth Foundation Ministries (“TFM”) did not have a … Continue Reading

Rhode Island Town Sued for Religious Discrimination

By Evan Seeman, Karla Chaffee, Dwight Merriam and John Peloso on Posted in Equal Terms, First Amendment, Substantial Burden, Total Exclusion, Unreasonable Limitation
The King’s Tabernacle, a Rhode Island Church with a predominantly African American congregation of 20 members, has sued the Town of Johnston, Rhode Island over the Town’s denial of its special use permit for religious assembly use.  According to King’s Tabernacle, “[i]n early 2015, by the leading of the Holy Spirit, the Church set out … Continue Reading

Yeshiva Sues New Jersey Township for Religious Discrimination

By Evan Seeman, Karla Chaffee, Dwight Merriam and John Peloso on Posted in Equal Terms, First Amendment, Substantial Burden, Total Exclusion, Unreasonable Limitation
Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) has filed a federal lawsuit against the Township of Ocean, New Jersey and the Township’s Zoning Board of Adjustment following the denial of an application to develop a yeshiva with boarding facilities for 96 male students between the ages 18 and 22 in a residential zone, to allow … Continue Reading

Upcoming Webinar: Planning for Religious Uses Under the Religious Land Use & Institutionalized Persons Act

By Evan Seeman on Posted in Equal Terms, Nondiscrimination, Substantial Burden, Total Exclusion, Unreasonable Limitation
The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Planning for Religious Uses Under The Religious Land Use & Institutionalized Persons Act on Thursday, October 22, 2015 from 1:00 to 2:30 PM ET. Registration is $20 for PLD members, $40 for nonmembers, and $45 for the webinar … Continue Reading

New RLUIPA Suit: Kansas Church Sues Crawford County Commissioners

By Evan Seeman, Karla Chaffee and Dwight Merriam on Posted in Substantial Burden, Total Exclusion, Unreasonable Limitation
Liberty Baptist Church, a Kansas church founded in 1947 with a congregation of about 15 members (Church), is suing the Board of County Commissioners of Crawford County, Kansas over the denial of its application for a conditional use permit to operate its property as a church. Since 2013, the Church has met and worshipped in … Continue Reading

New RLUIPA Suit: River Hills Community Church of Sauk Prairie, Inc. v. Village of Sauk City, Wisconsin (W.D. WI 2014)

By Evan Seeman and Dwight Merriam on Posted in Equal Terms, Substantial Burden, Total Exclusion, Unreasonable Limitation
River Hills Community Church of Sauk Prairie, Inc. (Church) has sued the Village of Sauk City, Wisconsin (City) under RLUIPA, the U.S. Constitution, and state law concerning the City’s refusal to permit it to use a building owned by a bank for religious assembly. As alleged in its complaint, the Church was formed in 2005 … Continue Reading

Michigan Federal Court Dismisses Alger Bible Baptist Churchs RLUIPA Suit

By Evan Seeman and Dwight Merriam on Posted in Equal Terms, Nondiscrimination, Total Exclusion, Unreasonable Limitation
In an important decision for municipalities across the country, the United States District Court for the Eastern District of Michigan has ruled that excluding religious institutions from certain zoning districts on the grounds that they do not generate tax revenue is a legitimate exercise of zoning power if (1) the intent of the district is … Continue Reading
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