Tag Archives: Topic: RLUIPA

Religion Clause Blog: In 554 Queen Anne Road Inc. v. Teaneck Board of Adjustment, (NJ Super. Ct., June 18, 2012), a New Jersey state trial court, finding “voluminous issues of material fact,” refused to grant summary judgment to either side in a zoning dispute between an Orthodox Jewish congregation and officials in Teaneck, New Jersey.

Religion Clause Blog: In Salman v. City of Phoenix, 2012 U.S. Dist. LEXIS 83305 (D AZ, June 15, 2012), an Arizona federal district court denied a homeowner’s request for a temporary restraining order and preliminary injunction to bar enforcement of Phoenix’s building, zoning, fire and safety codes against religious meetings in private homes.

Sacramento Bee: The Michigan chapter of the Council on American-Islamic Relations (CAIR-MI) today called on the FBI to investigate a possible bias motive for a fire and hate graffiti targeting a building associated with a Dearborn mosque.

USA Today: Now he says the mosque is part of a plot to destroy America. He claimed the mosque is “built on a foundation of lies” in a recent op-ed piece at the anti-Islam site Jihadwatch.com.

Minneapolis Star Tribune: A lawsuit could follow after St. Anthony City Council voted 4-1 against proposal, citing land use and zoning.

Religion Clause Blog: In Anselmo v. County of Shasta, California, (ED CA, June 7, 2012), the devout Roman Catholic owner of a ranch and winery challenged the County of Shasta for its refusal to allow him to build a private chapel on his land. The county claimed that the building was inconsistent with the agricultural use zoning on the property

Washington Post: A judge in Tennessee ruled Tuesday that the public wasn’t properly notified about a meeting where local officials approved the plan for a proposed mosque, meaning construction of the disputed project will be stopped.

Statesman.com: Two Southwest Austin neighborhood associations are suing the City of Austin, seeking an injunction that could stop construction of the 53-acre Dream City church complex near Texas 71 and Southwest Parkway in Oak Hill.

Religion Clause Blog: The Baton Rouge (LA) Advocate reports that a petition for certiorari has been filed with the U.S. Supreme Court in Leonard v. Louisiana.

The Post and Courier: For 15 years, he has consumed 1 ounce of sacramental wine during Mass without incident. Inmates partake only in the bread. But this week he lost a fight. Chief Deputy Mitch Lucas, the jail’s administrator, has told Lofton to replace the wine — brought to the jail in a TSA-approved container designed for holy water — with grape juice.

Christian Newswire: At issue in Academy of Our Lady of Peace v. City of San Diego is the City’s refusal to approve the all-girls Catholic high school’s plan to modernize its campus and facilities, a step necessary to enable the continuation of a tradition inaugurated in 1882, of superior education for the region’s future female leaders.

The Bolingbrook Babbler: Still, the sources claim that the SCA wants to reward Claar for initially requiring Liberty Temple Full Gospel Church to get a special building permit before moving into a shopping mall. The church, in a lawsuit filed against the village, claims that Claar told them “Bolingbrook had enough churches.”

BayNews9.com: A produce stand that trades food for donations is causing some controversy in Polk County. Jonathan Friedt, who is the associate pastor of Believers Fellowship Work of Faith Church in Lakeland, said he has been told by the city that the stand will have to be shut down because it is violating regulations.

Religion Clause Blog: In Liberty Temple Full Gospel Church, Inc. v. Village of Bolingbrook, (ND IL, April 12, 2012), an Illinois federal district court refused to grant summary judgment to defendants in a RLUIPA case in which the parties disagreed over what the zoning designation was for the area in which a church leased land on which it wished to build.

Religion Clause Blog: Becket Fund announced this week that a settlement has been reached in the RLUIPA lawsuit brought by Elijah Group (a church) against the city of Leon Valley, Texas.

Christian Post: John Walker Lindh, otherwise known as the “American Taliban” for his willful participation in the Taliban army during the U.S.-led 2001 invasion of Afghanistan, has sued the federal government for denying him permission to hold prayer meetings with other Muslims behind bars.

Religion Clause Blog: In Roman Catholic Diocese of Rockville Center, N.Y. v. Incorporated Village of Old Westbury, 2012 U.S. Dist. LEXIS 56694 (ED NY, April 23, 2012) . . .

Christian Newswire: Liberty Temple Full Gospel Church of Bolingbrook, a predominantly African American congregation, last year won an emergency injunction motion after a federal lawsuit (still pending) was filed against the Village of Bolingbrook.

Liberty Institute: Opulent Life Church has enlisted the help of Liberty Institute to protect the church from discrimination by the city of Holly Springs, MS. The church wishes to expand their current space in downtown, but due to zoning restrictions the church must get the approval of 60 percent of nearby residents and the town’s Mayor before they can expand.

Religion Clause Blog: Victory Center v. City of Kelso, 2012 U.S. Dist. LEXIS 47890 (WD WA, April 4, 2012), is a challenge under RLUIPA, as well as the state and federal constitution, to Kelso, Washington’s zoning regulations which kept an educational and cultural center affiliated with the Kelso Church of Truth from locating in an area zoned as pedestrian retail.

Religion Clause Blog: Annenberg TV News yesterday reported that in Los Angeles, California, the Council on Islamic American relations has filed a lawsuit challenging the city of Lomita’s refusal to grant a permit for a renovation project for the South Bay Islamic Center.

Sisney v. Reisch, No. 10-3003 (8th Cir. March 19, 2012) Charles E. Sisney is incarcerated in the South Dakota State Penitentiary (“SDSP”), where he practices the Jewish faith. In 2003, Sisney filed suit claiming certain SDSP Officials violated his First …

Patch.com: The Alliance Defense Fund, based in Arizona, is representing the student. A spokesman told the Washington Post excluding activities widely considered “community service” in non-religious contexts is “an unconstitutional policy that needs to be remedied.”

One News Now: “Churches shouldn’t be singled out for discrimination by a city’s zoning restrictions,” contends ADF attorney Kevin Theriot, “so Port St. Lucie has done the right thing in making its zoning code constitutional. Both the U.S. Constitution and federal law prohibit government officials from banning religious uses of property when they allow similar, non-religious uses of that same property.”

Religion Clause Blog: Tree of Life Christian Schools v. City of Upper Arlington, 2012 U.S. Dist. LEXIS 32205 (SD OH, March 12, 2012) . . . The city sought in discovery to learn the name of an anonymous donor to the school who had pledged $6.5 million to purchase the property at issue.

ADF lawsuit prompts Port St. Lucie to make zoning rules constitutional

Speak Up Movement Church Blog: This tough economy is hitting everyone. From unemployment to Wall Street bailouts to rocketing gas prices, it seems that everyone is hurting for cash. Apparently, local governments are no exception. Across this nation, local taxing authorities are trying to increase their coffers by denying property tax exemptions for churches. If you are not careful, your church could be next.

Religion Clause Blog: . . . First Korean Church that had been prevented by township zoning ordinances from using a 33.8 acre property for a church and seminary. The property, purchased by the church at a sheriff’s sale, formerly housed another seminary . . .

Religion Clause Blog: The Chicagoland Baptist Church on Tuesday filed a federal lawsuit against the city of Lansing, Illinois over barriers placed in the way of the issuance of an occupancy permit for the church to use a former VFW meeting hall that it purchased.

ThisWeekNews.com: A federal discrimination case based on the Religious Land Use and Institutionalized Persons Act (RLUIPA) was filed by attorneys from the Alliance Defense Fund (ADF), the group of Christian attorneys who focus on protection of religious rights, who represent Tree of Life in the lawsuit.

Religion Clause Blog: “In Church of Scientology of Georgia v. City of Sandy Springs, 2012 U.S. Dist. LEXIS 19087 (ND GA, Feb. 10. 2012) . . . the court held that it now believes a question of fact exists as to whether Sandy Springs discriminated against the Church of Scientology on the basis of its religious denomination when, in granting conditional approval of its rezoning application, it refused to allow expansion of the church’s existing building based on a lack of sufficient on-site parking.”

Religion Clause: In Islamic Center of North Fulton, Inc. v. City of Alpharetta, Georgia, (ND GA, Jan. 25, 2012), a Georgia federal district court dismissed RLUIPA and federal constitutional challenges to Alpharetta’s refusal to give zoning approval to the Islamic Center’s replacement of its present worship structure with 2 buildings– a mosque and a smaller communing hall.

Journal and Courier | jconline.com: County commissioners gave their approval Tuesday to a rezoning that will allow for construction of an Islamic community center in northwest Tippecanoe County, although the vote was not without controversy.

StarTribune.com: In a church-state dispute with echoes across the country, a Wayzata congregation has won its battle to build a new church in a residential neighborhood.

Religion Clause: In Reaching Hearts International, Inc. v. Prince George’s County, 2011 U.S. Dist. LEXIS 146495 (D MD, Dec. 21, 2011), a Maryland federal district court ordered Prince George’s County (MD) Council to reconsider its partial denial of a water and sewer service category change for a church building that a Seventh Day Adventist organization wished to construct.

Sarah Pulliam Bailey at :WSJ.com: What counts as a church? Chuck and Stephanie Fromm recently found out. After hosting several periodic Bible studies for up to 50 people in their home in San Juan Capistrano, Calif., the Fromms were fined $300 for violating a city ordinance that prohibits groups of three or more people from gathering without a permit.

Religion Clause: In Calvary Christian Center v. City of Fredericksburg, Virginia, 2011 U.S. Dist. LEXIS 134290 (ED VA, Nov. 21, 2011), a Virginia federal district court upheld the city of Fredericksburg’s denial of a special use permit to Calvary Christian Center that wanted to lease space in its church to the operator of a private day school for disabled children.

Religion Clause: Covenant Christian Ministries, Inc. v. City of Marietta, Georgia, (11th Cir., Sept. 7, 2011), is an interesting RLUIPA case decided earlier this year which has just now come to my attention.

WSJ.com: Sundays at Faith Fellowship Church, Pastor Gary Mortara calls on God’s help to heal the sick, repair torn marriages and rescue lost souls. But when city officials here rejected plans to move his growing congregation to a bigger building, Mr. Mortara turned to another authority: the Ninth U.S. Circuit Court of Appeals.

Religion Clause: The complaint (full text) in Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. City of Mission, (SD TX, filed 10/31/2011), alleges that the city arbitrarily imposed a super-majority City Council voting requirement for approval of the permit . . .

Michigan Radio: An Islamic school may sue a Washtenaw County township over a zoning decision. The Pittsfield Township Board of Trustees last night turned down the Michigan Islamic Academy’s request for a zoning change that would have allowed the academy to build a new school in the township, just south of Ann Arbor.

Albany Times Union: A state judge has ordered the city Planning Board to allow the Church of Jesus Christ of Latter-day Saints to demolish the former St. Teresa of Avila Middle School, ruling that the panel failed to make the case that the building was a vital piece of the neighborhood fabric as it claimed.

Religion Clause:: In Salman v. City of Phoenix, 2011 U.S. Dist. LEXIS 122387 (D AZ, Oct. 20, 2011), an Arizona federal district court dismissed on Younger v. Harris abstention grounds a challenge to the building code and zoning laws that prevented plaintiffs from using their home and a building on their property for weekly Bible study and prayer sessions with 40 to 50 family and friends.

Religion Clause: Church Sues New Jersy City Over Zoning Delay: According to North Jersey’s The Record, last week the Harlem-based Israelite Church of God in Jesus Christ filed a civil rights lawsuit against Hackensack, New Jersey and 5 city officials over a lengthy delay in approving the church’s use of a former school as a school for its clergy.

Chicagotribune.com: The DuPage County Board today voted unanimously to approve changes to its zoning laws that will restrict the operation of new houses of worship and other places of assembly in unincorporated residential neighborhoods.

OneNewsNow.com: The U.S. Supreme Court has sided with the San Leandro-based International Church of the Foursquare Gospel and stepped aside to allow the church to sue the city for preventing it from moving to a larger building that was purchased when the congregation outgrew its previous location in 2006.

News from The Associated Press: Muslim death row inmate says the Ohio prison system is denying him meals prepared according to Islamic law while at the same time providing kosher meals to Jewish prisoners . . .

SCOTUS Blog has posted its latest list of Cert. Petitions to watch. It includes this RLUIPA case – City of San Leandro v. International Church of the Foursquare Gospel.

LA Daily News: It was her faith that led the petite 72-year-old to erect a 24-foot cross on the front lawn of her West Hills home. But the monument has infuriated some of the neighbors, who complain the symbol is an eyesore that is attracting lookie-loos to their quiet cul-de-sac and hurting their property values.

World Net Daily: Chuck and Stephanie Fromm already have been fined $300 for holding Bible studies for their friends at their home, and they face the potential for additional fines of $500 for each study held, according to a legal team taking their case to court.

Columbus Local News: After the Board of Zoning and Appeals rejected that application and council upheld BZAP’s ruling, Tree of Life filed suit in January, represented by the Alliance Defense Fund.

Noda, Tokufumi Joshua, The Role of Economics in the Discourse on RLUIPA and Nondiscrimination in Religious Land Use (September 14, 2011). Boston College Law Review, Vol.1, 2011. Available at SSRN: http://ssrn.com/abstract=1927649

Religion Clause: In the town of Bethel, New York, a Satmar Hasidic group that was involved in a battle with the town in 2009 over construction of a synagogue is again at odds with town officials.

Religion Clause Blog: The Tennessean and the Murfreesboro Daily News Journal report that a Tennessee state chancery court judge this week denied a motion to reconsider his decision handed down in May dismissing challenges (other than an open-meeting law challenge) to the …

Christian Post: The Alliance Defense Fund is currently working with Mauck’s firm on behalf of his clients in order to protect the brothers’ religious freedoms guaranteed by the First Amendment and allow them to continue to witness to their peers. “By suing Elias, Saul, Oscar, and Ruben, Plantiffs have substantially burdened their religious exercise of sharing the gospel of Jesus with others,” the motion stated.

TribLocal.com: They’ve all given their lives to Jesus and dedicated themselves to serving him instead of a life of violence,” Mauck said. “They’re really trying to help the city and state do the same thing, which is get people out of the gangs.” The Alliance Defense Fund, a group that helps defend religious freedom cases, has provided a grant to help the brothers fight the lawsuit.

DOJ: The Justice Department filed a complaint today against the city of Lilburn, Ga., alleging that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it rejected the Dar-E-Abbas Shia Islamic Center’s requests for rezoning to construct a mosque. Both parties have agreed to a consent decree that will be filed on Aug. 29, 2011.

Christian Newswire: Because of the serious implications the case holds for impeding religious liberty and freedom of speech as guaranteed by the First Amendment, the Alliance Defense Fund has gotten involved. The ADF is a national organization committed to protecting religious freedoms, and is working with Mauck’s firm on behalf of the Juarez and Sanchez brothers.

Religion Clause: The Atlanta Journal Constitution reports that yesterday the Liburn, Georgia city council voted 3-1 to approve the controversial rezoning request of a Muslim congregation to build a 20,000 square foot worship center to meet the needs of the city’s growing Muslim population.

Three churches sue Port St. Lucie, claim zoning laws discriminate: “The law is very clear that when you allow similar uses that include assembly of people, you have to allow churches,” said the attorney for the churches Kevin Theriot. He is with the Christian nonprofit Alliance Defense Fund based in Kansas City. Theriot said the city claims the churches have to leave because they’re not allowed in areas zoned “neighborhood convenience commercial.” [more]

TCPalm: Kevin Theriot, the attorney representing the churches and senior counsel with the Alliance Defense Fund in Kansas City, Mo., said churches have operated in the Southport Shopping Center for at least the past nine years. He said the city began enforcing the zoning code only when it received a complaint against the churches. “Generally speaking, non-profits are allowed to locate without obtaining licensing similar to for-profit commercial enterprises, so there really hasn’t been any problems with them,” Theriot said. “Essentially, what the city told me is until somebody complains they usually don’t do anything. They are pretty much a complaint-based system. There are some definite problems with the code as a whole.”

WSB Atlanta: The dispute over a Lilburn county mosque is heating up again. Opponents plan to protest its expansion at a Monday night City Council meeting.

OneNewsNow.com: Brad Dacus, president of the Pacific Justice Institute says, “The city of San Leandro is attempting to have the U.S. Supreme Court water down the federal civil rights statute by getting it to come to a finding that a substantial burden for churches must be something real extreme in order for this federal civil rights statute to kick in to protect churches who are wishing to build or grow or expand to a new location.”

630 WMAL: The ACLU of Virginia today sent an email to local and regional jail officials reminding them that they must allow Muslim inmates to take their meals between sundown and sunrise during the holy month of Ramadan. Ramadan begins on August 1 and ends with the celebration of Eid ul-Fitr on August 30.

Byron Babione at Townhall: In a great victory for religious liberty and equal treatment under the law, the U.S. Court of Appeals for the Ninth Circuit has overturned a federal district court’s ruling which barred Centro Familiar Cristiano Buenos Nuevas Christian Church from occupying and holding worship services in its own building in downtown Yuma, Ariz.

Religion Clause: The city of San Leandro, California announced yesterday that it has filed a petition for certiorari seeking U.S. Supreme Court review of the 9th Circuit’s decision in International Church of the Foursquare Gospel v. City of San Leandro. (links to the city’s press release and petition)

Religion Clause Blog: In March 2010, the U.S. 4th Circuit Court of Appeals held that a Seventh Day Adventist Congregation’s rights under the Equal Protection Clause and RLUIPA were infringed when Prince George’s County, Maryland refused to grant a change in sewer and water classifications for a portion of property on which the congregation planned to build a church. | Reaching Hearts International, Inc. v. Prince George’s County Maryland

OneNewsNow.com: “Government officials cannot use broad commercial reasons to favor non-religious businesses or membership organizations over religious ones. The city’s actions here left this small congregation with a mortgage to pay on a building it could not use for two years and at the same time it had to pay for another meeting place,” explains Babione.

OneNewsNow.com: An expert on terrorism says Republican presidential candidate Herman Cain was right on the mark in his concerns about the construction of a mega-mosque in Tennessee.

Religion Clause: In Calvary Christian Center. v. City of Fredericksburg, 2011 U.S. Dist. LEXIS 77489 (ED VA, July 18, 2011), a Virginia federal district court refused to grant a preliminary injunction to a church that was denied a special use permit that it sought in order to lease space in the church to a for-profit school for disabled children.

Religion Clause Blog: A lawsuit was filed in federal district court in Michigan yesterday challenging a rezoning ordinance adopted by Inkster, Michigan which prevented a church from renovating fire-damaged buildings and locating a church and parochial school on property the it owned in an area zoned as a business district. The complaint (full text) in T.C. Spann Bible Institute v. City of Inkster, (ED MI, filed 7/18/2011) . . .

Religion Clause: Yesterday, Chris Wallace interviewed Herman Cain, a candidate for the Republican nomination for President (full transcript). A portion of the interview focused on Cain’s sometimes controversial views of Muslim Americans. Here is an extensive excerpt from the interview . . .

Seeing Red AZ Blog linked in Tucson Citizen: What better time for another accolade* to the Scottsdale-based Alliance Defense Fund (ADF) — a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith? . . . ADF Senior Legal Counsel Byron Babione argued the case of Centro Familiar Cristiano Buenos Nuevas Christian Church v. City of Yuma.

Religion Clause: he New York Times reports that a state trial court on Friday dismissed a lawsuit by a former fire fighter who is attempting to prevent the construction of an Islamic community center in lower Manhattan near “Ground Zero”.

The Republic: A group of death row inmates in Kentucky have sued the state prison system, claiming that pastors have been illegally and arbitrarily restricted from visiting them.