RLUIPA
Trial Materials
- Opposition to Motion for Preliminary Injunction of Broward County, Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward County, No. 6530 (2002)
- Opposition to Motion for Preliminary Injunction of City of San Leandro, International Church of the Foursquare Gospel v. City of San Leandro, No. 03605 (2007)
- Opposition to Motion for Preliminary Injunction of City of Yuma, Centro Familiar Cristiano Buenas Nuevas v. City of Yuma, No. 000996 (2008)
- Opposition to Motion for Preliminary Injunction of County of San Diego, Guatay Christian Fellowship v. County of San Diego, No. 1406 (2008)
- Opposition to Motion for Preliminary Injunction of Lenox Township, Grace Community Church v. Lenox Township, No. 14674 (2007)
- Opposition to Motion for Preliminary Injunction of Town of Merrimack, Merrimack Congregation of Jehova’s Witnesses v. Town of Merrimack, No. 00581 (2011)
- Opposition to Motion for Preliminary Injunction of Village of Hazel Crest, River of Life Kingdom Ministries v. Village of Hazel Crest, No. 0950 (2008)
- Opposition to Motion for Preliminary Injunction of Zoning Commission of the Town of New Milford, Murphy v. Zoning Commission of the Town of New Milford, No. 2297 (2001)
- Motion to Dismiss Intervenor’s Complaint of Village of Long Grove, Vision Church v. Village of Long Grove, No. 5761 (2004)
- Motion to Dismiss of Broward County, Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward County, No. 6530 (2001)
- Motion to Dismiss of City of Cheyenne, Grace United Methodist Church v. City of Cheyenne, No. 02-CV-35-B (2002)
- Motion to Dismiss of City of Sunny Isles Beach, Temple B’nai Zion, Inc. v. City of Sunny Isles Beach, No. 24549 (2011)
- Motion to Dismiss of Northville Township, Miles Christi Religious Order v. Northville Township, No. 14003 (2008)
- Motion to Dismiss of Town of Southwest Ranches, Christ Covenant Church v. Town of Southwest Ranches, No. 60516 (2007)
- Motion to Dismiss of Village of Long Grove, Vision Church v. Village of Long Grove, No. 5761 (2003)
- Motion to Dismiss of Village of Suffern, Bikur Cholim, Inc. v. Village of Suffern, No. 10759 (2007)
- Motion to Dismiss of Zoning Commission of the Town of New Milford, Murphy v. Zoning Commission of the Town of New Milford, No. 2297 (2001)
- Motion for Summary Judgment of Borough of Litchfield, Chabad Lubavitch of Litchfield County v. Borough of Litchfield, No. 01419 (2011)
- Motion for Summary Judgment of Central Michigan District Health Department, Beechy v. Central Michigan District Health Department, No. 10312 (2006)
- Motion for Summary Judgment of City of Euless, Merced v. City of Euless, No. 891 (2007)
- Motion for Summary Judgment of City of Leon Valley, The Elijah Group, Inc. v. City of Leon Valley, No. 0907 (2009)
- Motion for Summary Judgment of City of San Leandro, International Church of the Foursquare Gospel v. City of San Leandro, No. 03605 (2008)
- Motion for Summary Judgment of County of San Diego, Guatay Christian Fellowship v. County of San Diego, No. 1406 (2009)
- Motion for Summary Judgment of Lenox Township, Grace Community Church v. Lenox Township, No. 13526 (2007)
- Motion for Summary Judgment of the City of Long Branch, The Lighthouse Institute for Evangelism, Inc. v. City of Long Branch, No. 3366 (2010)
- Motion for Summary Judgment of Village of Long Grove, Vision Church v. Village of Long Grove, No. 5761 (2005)
- Motion for Summary Judgment of Village of Northbrook, Petra Presbyterian Church v. Village of Northbrook, No. 1936 (2005)
- Motion for Summary Judgment of Zoning Commission of the Town of New Milford, Murphy v. Zoning Commission of the Town of New Milford, No. 2297 (2002)
- Opposition to Motion for Summary Judgment of Broward County, Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward County (2003)
- Opposition to Motion for Summary Judgment of City of Long Branch, The Lighthouse Institute for Evangelism, inc. v. City of Long Branch, No. 3366 (2005)
- Opposition to Motion for Summary Judgment of City of San Leandro, International Church of the Foursquare Gospel v. City of San Leandro, No. 03605 (2008)
- Opposition to Motion for Summary Judgment of County of San Diego, Guatay Christian Fellowship v. County of San Diego, No. 1406 (2009)
- Opposition to Motion for Summary Judgment of Lenox Township, Grace Community Church v. Lenox Township, No. 14674 (2009)
- Opposition to Motion for Summary Judgment of Village of Northbrook, Petra Presbyterian Church v. Village of Northbrook, No. 1936 (2005)
- Opposition to Motion for Summary Judgment of Zoning Commission of the Town of New Milford, Murphy v. Zoning Commission of the Town of New Milford, No. 2297 (2002)
- Motion to Intervene of 138 Brayton Street, LLC, East Hill Synagogue v. City of Englewood, No. 5228 (2004)
- Motion to Intervene of Mountview Park Homeowners Association, Grace United Methodist Church v. City of Cheyenne, No. 035B (2003)
- Opposition to Petition to Intervene of Village of Long Grove, Vision Church v. Village of Long Grove, No. 5761 (2003)
- Trial Brief of City of Long Branch, The Lighthouse Institute for Evangelism v. City of Long Branch, No. 3366 (2005)
- Trial Brief of City of Yuma, Centro Familiar Cristiano Buenas Nuevas v. City of Yuma, No. 00996 (2011)
- Trial Brief of County of Alameda, Redwood Christian Schools v. County of Alameda, No. 4282 (2007)
- Trial Brief of Osceola County, Men of Destiny Ministries, Inc. v. Osceola County, No. 624 (2006)
- Trial Brief of Village of Northbrook, Petra Presbyterian Church v. Village of Northbrook, No. 1936 (2003)
- Attorneys’ Fees Order, Layman Lessons, Inc. v. City of Millersville, No. 0588 (M.D. Tennessee 2008)
- Attorneys’ Fees Order, Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, No. 00554 (D. Colorado 2010)
- Attorneys’ Fees Order, Living Water Church of God v. Charter Township of Meridian, No. 5:04-cv-06 (W.D. Michigan 2005)
- Attorneys’ Fees Order, DiLaura v. Township of Ann Arbor, Nos. 2482/2506 (6th Cir. 2006)
- Jury Instructions, Grace United Methodist Church v. City of Cheyenne, No. 035B (2003)
- Proposed Jury Instructions of City of Cheyenne, Grace United Methodist Church v. City of Cheyenne, No. 035B (2003)
- Jury Instructions, Rocky Mountain Christian Church v. Board of County Commissioners of County of Boulder, No. 00554 (2008)
- Proposed Annotated Jury Instructions of County of Alameda, Redwood Christian Schools v. County of Alameda, No. 4282 (2007)
- Jury Instructions, Redwood Christian Schools v. County of Alameda, No. 4282 (2007)
- Proposed Jury Instructions of County of Alameda, Redwood Christian Schools v. County of Alameda, No. 4282 (2007)
- Jury Instructions, Reaching Hearts International, Inc. v. Prince George’s County, No. 01688 (2008)
Appellate Materials
- Amicus Brief of The American Planning Association, San Jose Christian College v. City of Morgan Hill, No. 02-15693 (9th Cir. 2002)
- Brief of Broward County, Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward County, No. 04-15898 (11th Cir. 2005)
- Brief of Charter Township of Plymouth, Northridge Church v. Charter Township of Plymouth, N. 09-2388 (6th Cir. 2010)
- Brief of City of Cheyenne, Grace United Methodist Church v. City of Cheyenne, No. 03-8060 (10th Cir. 2004)
- Brief of City of Chicago, Beth-El All Nations Church v. City of Chicago, No. 06-2082 (7th Cir. 2006)
- Brief of City of Lake Elsinore, Elsinore Christian Center v. City of Lake Elsinore, No. 04-55320 (9th Cir. 2005)
- Brief of City of Leon Valley, The Elijah Group, Inc. v. City of Leon Valley, No. 10-50035 (5th Cir. 2010)
- Brief of City of Long Branch, The Lighthouse Institute for Evangelism, Inc. v. City of Long Branch, No. 06-1319 (3d Cir. 2006) (2006)
- Brief of City of Marietta, Covenant Christian Ministries, Inc. v. City of Marietta, No. 10-11966 (11th Cir. 2010)
- Brief of City of San Leandro, International Church of the Foursquare Gospel v. City of San Leandro, No. 09-15163 (9th Cir. 2009)
- Brief of City of Yuma, Centro Familiar Christiano Buenas Nuevas v. City of Yuma, No. 08-15422 (9th Cir. 2011)
- Brief of County of Alameda, Redwood Christian Schools v. County of Alameda, No. 16393 (9th Cir. 2008)
- Brief of Gilpin Township, Second Baptist Church of Leechburg v. Gilpin Township, No. 04-1434 (3d Cir. 2004)
- Brief of Jefferson Parish, Berry v. Jefferson Parish, No. 08-30614 (5th Cir. 2008)
- Brief of Lenox Township, Grace Community Church v. Lenox Township, No. 07-2509 (6th Cir. 2008)
- Brief of Meridian Charter Township, Living Water Church of God v. Meridian Charter Township, No. 05-2309 (6th Cir. 2006)
- Brief of Meridian Charter Township in Opposition to Petition for Writ of Certiorari, Living Water Church of God v. Meridian Charter Township, No. 07-1158 (2008)
- Brief of Prince George’s County, Reaching Hearts International, Inc. v. Prince George’s County, No. 11-1399 (4th Cir. 2011)
- Brief of Prince George’s County, Reaching Hearts International, Inc. v. Prince George’s County, No. 08-2281 (4th Cir. 2009)
- Brief of Town of Surfside, Midrash Sephardi, Inc. v. Town of Surfside, No. 13858 (11th Cir. 2003)
- Brief of Township of Northville, Miles Christi Religious Order v. Township of Northville, No. 09-1618 (6th Cir. 2009)
- Brief of Village of Hazel Crest, River of Life Kingdom Ministries v. Village of Hazel Crest, No. 08-2891 (7th Cir 2008)
- Brief of Village of Long Grove, Vision Church, Methodist Church v. Village of Long Grove, Nos. 05-4144 & 05-4234 (7th Cir. 2006)
- Brief of Village of Northbrook, Petra Presbyterian Church v. Village of Northbrook, No. 06-1329 (7th Cir. 2006)
- Petition for Writ of Certiorari of Board of County Commissioners of Boulder County, Board of County Commissioners of Boulder County v. Rocky Mountain Church, No. 10-521 (2010)
- Amicus Brief of Colorado Chapter of American Planning Association in Support of Petition for Writ of Certiorari of Board of County Commissioners of Boulder County , Board of County Commissioners of Boulder County v. Rocky Mountain Church, 10-521 (2010)
- Amicus Brief of Colorado Counties in Support of Petition for Writ of Certiorari of Board of County Commissioners of Boulder County, Board of County Commissioners of Boulder County v. Rocky Mountain Church, 10-521 (2010)
- Amicus Brief of International Municipal Lawyers Association in Support of Petition for Writ of Certiorari of Board of County Commissioners of Boulder County, Board of County Commissioners of Boulder County v. Rocky Mountain Church (2010)
- Amicus Brief of International Municipal Lawyers Association in Support of Petition for Writ of Certiorari of Board of County Commissioners of Boulder County, Board of County Commissioners of Boulder County v. Rocky Mountain Church (2010)
- Reply of Board of County Commissioners of Boulder County in Support of Petition for Writ of Certiorari, Board of County Commissioners of Boulder County v. Rocky Mountain Church, No. 10-521 (2010)
- Petition for Writ of Certiorari of City of Lake Elsinore, City of Lake Elsinore v. Elsinore Christian Center, No. 06-1126 (2007)
- Petition for Writ of Certiorari of City of San Leandro , City of San Leandro v. International Church of the Foursquare Gospel, No. 11-106 (2011)
- Amicus Brief of The California Chapter of the American Planning Association in Support of Petition for Writ of Certiorari of City of San Leandro, City of San Leandro v. International Church of the Foursquare Gospel, No. 11-106 (2011)
- Petition for Writ of Certiorari of Township of Ann Arbor, Township of Ann Arbor v. DiLaura, No. 07-346 (2007)
Articles
- John F. X. Peloso, Jr. and Evan Seeman, Avoiding and Defending Against RLUIPA Claims, Practical Law Practice Note (Thomson Reuters 2016)
- United States Department of Justice, Update on the Justice Department’s Enforcement of the Religious Land Use and Institutionalized Persons Act: 2010 – 2016 (July 2016)
- Evan J. Seeman and Brian R. Smith, Five Tips For Planners & Planning Commissioners Reviewing Religious Land Use Applications, Connecticut Planning, a publication of the Connecticut Chapter of the American Planning Association (Spring 2016)
- Evan J. Seeman, Finding Salvation in Religious Law’s Safe Harbor; Municipal Governments Can Take Steps to Mitigate RLUIPA Claims, Connecticut Law Tribune (March 2015)
- Evan J. Seeman, A $6.5 Million Lesson in RLUIPA Defense, American Planning Association Planning & Law Division Newsletter (Summer/Fall 2014)
- Evan J. Seeman, RLUIPA Defense Tactics; How To Avoid & Defend Against RLUIPA Claims, Zoning And Planning Law Report, Vol. 37, Issue 11 (Dec. 2014)
- Daniel P. Dalton, Recent Developments in RLUIPA and Religious Land Use, 46 THE URBAN LAWYER 849 (Fall 2014)
- Ryan M. Budd, Apples to Apples: Yes, There Is (Or Can Be!) a Unified Approach to RLUIPA Ripeness, 46 THE URBAN LAWYER 783 (Fall 2014)
- Robert Bernstein, Abandoning the Use of Abstract Formulations in Interpreting RLUIPA’s Substantia Burden Provision in Religious Land Use Cases, 36 COLUMBIA JOURNAL OF LAW & THE ARTS 283 (2013)
- Daniel P. Dalton, The Religious Land Use and Institutionalized Persons Act — Recent Decisions and Developments, 45 THE URBAN LAWYER 741 (2013)
- Qasim Rashid, The Right to Enforce: Why RLUIPA’s Land Use Provisions is a Constitutional Federal Enforcement Power, 16 RICH. J.L & PUB. INT. 267 (2013)
- Ryan M. Lore, When Religion and Land Use Regulations Collide: Interpreting the Application of RLUIPA’s Equal Terms Provisions, 64 U.C. DAVIS L. REV. 1339 (2013)
- John Infranca, Institutional Free Exercise and Religious Land Use, 34 CARDOZO L. REV. 1694 (2012)
- Danielle Acker Susanj, RLUIPA’s Equal Terms Clause and the Circuit Split: It’s All About the Money, (2012)
- Jason Pesick, RLUIPA: What’s The Use?, 17 MICH J. RACE & L. 359-86 (2012)
- Alan C. Weinstein, The Effect of RLUIPA’s Land Use Provisions on Local Governments, FORDHAM URBAN LAW JOURNAL, Vol. 39 (2012)
- Tokufumi Noda, The Role of Economics in the Discourse on RLUIPA and the Nondiscrimination in Religious Land Use, 53 B.C. L. REV. 1089 (2012)
- Sean Foley, Definition of Equal: Why the Equal-Terms Provision Must be Interpreted Narrowly, 60 KANSAS L. REV. 193 (2011)
- Tokufumi, Noda, Incommensurable Uses: RLUIPA’s Equal Terms Provision and Exclusionary Zoning in River of Life Kingdom Ministries v. Village of Hazel Crest, 52 B.C. L. REV. 71 (2011)
- Daniel D. Crean, Religious Freedom and Land Use Regulation — It’s Not All About RLUIPA, 48 MUNICIPAL LAWYER 24 (2011)
- Kelli Stout, Tent Cities and RLUIPA: How a New Religious-Land-Use Approach Aggravates RLUIPA, 41 SETON HALL L. REV. 465 (2011)
- United States Department of Justice, Report on the Tenth Anniversary of RLUIPA, (2010)
- United States Deprtment of Justice, Statement of the Department of Justice on the Land-Use Provisions of RLUIPA, (2010)
- Patricia E. Salkin and Amy Lavine, God and the Land: A Holy War Between Religious Exercise and Community Planning and Development, 2 ALBANY GOV’T L. REV. 355 (2009)
- Dwight Merriam, How Local Government Can Nip RLUIPA Claims in the Bud, RLUIPA Reader; Religious Land Uses, Zoning, and the Courts (2009)
- Karla Chaffee and Dwight Merriam, Six Fact Patterns of Substantial Burden in RLUIPA: Lessons for Potential Litigants, 2 ALBANY GOV’T L. REV. 437 (2009)
- Alan C. Weinstein, How to Avoid a “Holy War” — Dealing with Potential RLUIPA Claims, 60 AMERICAN PLANNING ASSOCIATION 3 (2008)
- Dwight Merriam, One (1) Ounce of RLUIPA Prevention, 49 MUNICIPAL LAWYER 11 (2008)
- Patricia E. Salkin and Amy Lavine, The Genesis of RLUIPA and Federalism: Evaluating the Creation of a Federal Statutory Right and its Impact on Local Government, 40 THE URBAN LAWYER 195 (2008)
- Alan C. Weinstein, Avoiding a RLUIPA Claim, Cleveand-Marshal Legal Studies Paper No. 07-150 (2007)
- Graham Billingsley and Dwight Merriam, Successful Planning and Regulation in the Shadow of RLUIPA, 59 AMERICAN PLANNING ASSOCIATION 6 (April 2007)
- Sarah C. Bronin, Beyond Worship: The Religious Land Use and Institutionalized Persons Act of 2000 and Religious Institutions’ Auxiliary Uses, 24 YALE L. POL’Y REV. 207 (2006)
- Jeffrey H. Goldfien, Thou Shalt Love Thy Neighbor: RLUIPA and the Mediation of Religious Land Use Disputes, Bepress Legal Series, Working Paper 1223 (2006)
- Allan C. Weinstein, What Planning Commissioners Need to Know About RLUIPA, THE COMMISSIONER, at 3 (2005)
- Alan C. Weinstein, RLUIPA: Where Are We Now? Where Are We Heading?, 58 AMERICAN PLANNING ASSOCIATION 3 (2004)
- Michael Giaimo and Dwight Merriam, Church v. State, Just Pray You’re Not Sued Under the RLUIPA Statute, 69 AMERICAN PLANNING ASSOCIATION 14 (2003)
Legislative History
- Protecting Religious Freedom After Boerne v. Flores, hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, 105th Congress, 1st Session, (July 14, 1997)
- Congress, the Court and the Constitution, hearing before the Subcommittee on the Constitution of the Committee of the Judiciary, House of Representatives, 105th Congress, 2nd Session, (January 29, 1998)
- Protecting Religious Freedom After Boerne v. Flores (Part II), hearing before the Subcommittee on the Constitution of the Committee of the Judiciary, House of Representatives, 105th Congress, 2nd Session, (February 26, 1998)
- Protecting Religious Freedom After Boerne v. Flores (Part III), hearing before the Subcommittee on the Constitution of the Committee of the Judiciary, House of Representatives, 105th Congress, 2nd Session, (March 26, 1998)
- H.R. 4019, (Introduced June 9, 1998)
- Remarks by Mr. Hatch, (Congressional Record S5791, June 9, 1998)
- Religious Liberty Protection Act of 1998, hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, 105th Congress, 2nd Session, on H.R. 1691, (June 16 and July 14, 1998)
- Religious Liberty Protection Act of 1998, hearings before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, 105th Congress, 2nd Session, on S. 2148, (June 23, 1998)
- H.R. 1691, (Introduced May 5, 1999)
- Religious Liberty Protection Act of 1999, hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, 106th Congress, 1st Session, on H.R. 1691, (May 12, 1999)
- H.R. 1691, (Reported July 1, 1999)
- House Report No. 106-210, (To accompany H.R. 1691, July 1, 1999)
- Amendments, (Congressional Record H5456, July 13, 1999)
- House Report No. 106-229, (To accompany H. Res. 245, July 13, 1999)
- Religious Liberty Protection Act of 1999, (Congressional Record H5580 July 15, 1999)
- H.R. 1691 , (Read twice and referred to November 19, 1999)
- H. Res. 245, (Reported July 13, 2000)
- H.R. 4862, (Introduced July 13, 2000)
- Remarks by Mr. Hatch (for himself, Mr. Kennedy, Mr. Hutchinson, Mr. Daschle, Mr. Bennett, Mr. Lieberman, and Mr. Schumer): S. 2869, (Congressional Record S6687 July 13, 2000)
- S. 2869, (July 14, 2000)
- The Religious Land Use and Institutionalized Persons Act of 2000, (Congressional Record E1234, July 14, 2000)
- S. 2869, (Passed July 27, 2000)
- The Religious Land Use and Institutionalized Persons Act of 2000, (Congressional Record H7190, July 27, 2000)
- The Religious Land Use and Institutionalized Persons Act of 2000, (Congressional Record S7774, July 27, 2000)
- Statement of President Clinton on the signing of RLUIPA, (September 22, 2000)
- The Religious Land Use and Institutionalized Persons Act of 2000, (Congressional Record E1564, September 22, 2000)
- The Religious Land Use and Institutionalized Persons Act of 2000, (Congressional Record E1563, September 22, 2000)