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 used local building and zoning laws to prevent it from ministering to the poor and homeless on commercially zoned property located at 1455 Neelys Bend Road, Madison, Tennessee (“Property”). Layman Lessons provides food, clothing, shelter, a mobile shower and laundry center, transportation, life skills training, and spiritual and recovery counseling to the poor and homeless. It alleges that Nashville discriminated against it by refusing to allow it to use the Property to serve the poor and homeless in a variety of ways, including by delaying its religious use of the Property; preventing mobile food pantries in the paved parking area; issuing fabricated stop work orders, even though Layman Lessons was not violating any law; recommending demolition of Layman Lessons’ storage barn; refusing to correct an illegal storm water pipe that flooded the Property; and interfering with Layman Lessons’ existing contract with its landlord to conduct religious activities, operate mobile food pantries; and provide laundry services to the homeless.
Continue Reading Church Ministering to Homeless/Needy Can Proceed with Most of its Religious Discrimination Claims
Chabad House for Towson University and Goucher College Files Lawsuit Alleging RLUIPA Violations Following State Court Order to Demolish Newly-Constructed Addition
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 Chabad House for Towson University and Goucher College Files Lawsuit Alleging RLUIPA Violations Following State Court Order to Demolish Newly-Constructed Addition
Allenhurst, NJ Sued Under RLUIPA One Day and Settles the Next
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
A flood of amici support the Islamic Society of Basking Ridge
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.
Chabad Files RLUIPA Suit Against Toms River, New Jersey
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
Congregation unlikely to succeed on RLUIPA claims
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
Rhode Island Town Sued for Religious Discrimination
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
Yeshiva Sues New Jersey Township for Religious Discrimination
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
Upcoming Webinar: Planning for Religious Uses Under the Religious Land Use & Institutionalized Persons Act
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
New RLUIPA Suit: Kansas Church Sues Crawford County Commissioners
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