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
Is a Parsonage a Primary Use? NJ District Court Ponders the Question
Christian Community Chapel Wesleyan Church, Inc. (the “Chapel”) was founded in 2000 and grew quickly to 125 members. Expecting continued growth, the Chapel purchased a 33,000 square foot building with seats for 600 worshipers. Unfortunately for the Chapel, its membership fluctuated greatly over the next ten years, at one point dropping to 35 members. Its
Magistrate Judge Recommends Issuance of Preliminary Injunction to Hope Rising Church
Plaintiff Hope Rising Community Church is one step closer to obtaining a preliminary injunction against Penn Hills, Pennsylvania, as U.S. Magistrate Judge Robert C. Mitchell issued a Report and Recommendation to allow the Church to use certain property for religious assembly and worship. The Magistrate Judge found that the Church “is likely to succeed on
Nomadic Church Sues New Jersey Township Over Denial of Use Variance
A predominantly African American Church of about 25 members known as My Father’s House Ministry, Inc. (Church) is suing Delanco Township, New Jersey over allegations that the Township violated both the Religious Land Use & Institutionalized Persons Act (RLUIPA) and the U.S. Constitution by denying the Church’s application for a use variance.
The Church used
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
Mosque’s RLUIPA Claims Move Forward
Almost a year ago, we reported on The Bensalem Masjid, Inc.’s lawsuit against Bensalem Township, Pennsylvania following the Township’s denial of Masjid’s use variance application to build a 16,900-square foot mosque, including a 500-square foot conference room, a 4,000-square foot multipurpose room and 154 parking spaces (prior post here). After five sessions of the
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
Whats a Similarly Situated Comparator under RLUIPAs Equal Terms Provision? Florida Federal Court Explains in Finding Against City of Jacksonville.
Few courts have identified what it means to be a “similarly situated” comparator under RLUIPA’s equal terms provision. Recently, in Church of Our Savior v. City of Jacksonville, (M.D. FL 2014), a federal court in Florida identified some factors used to determine the issue. The Court’s decision may serve as an important guide for
New RLUIPA Suit: River Hills Community Church of Sauk Prairie, Inc. v. Village of Sauk City, Wisconsin (W.D. WI 2014)
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