Ripeness is an important defense to RLUIPA claims.  A plaintiff must receive a final decision from the local authority as to how the zoning law applies to its proposal.  If not, plaintiff’s RLUIPA claim could be dismissed as unripe.  Requiring a party to go through the full local procedures offers practical benefits to local governments, crystalizing the issues and presenting an opportunity to resolve matters prior to litigation.  An initial denial by busy working-level zoning officials may create problems that can be solved by a zoning board of appeals’ more detailed and thoughtful review.  The final decision requirement insures that review occurs before the courts become involved.  Recently, however, plaintiffs have argued that finality is no longer necessary for a RLUIPA claim to be ripe.…
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