Tag Archives: Topic: RLUIPA

Alliance Defense Fund allied attorney David Langdon will be available for media interviews Wednesday following a hearing at the U.S. Court of Appeals for the 7th Circuit concerning a Hazel Crest church prevented from meeting at property it has already legally purchased.

ACLJ reports: “In this particular case, churches were required to have five acres of property before they could operate as a church. The same provisions did not apply to retail establishments or businesses . . .”  ACLJ intervened and the …

The Religion Clause Blog reports: “The battle over whether the Westhampton Beach (NY) Village Board should approve a synagogue’s construction of an eruv (symbolic religious enclosure) around part of the village continues.”

The Religion Clause Blog reports: “In Grace Community Church v. Lenox Township, (6th Cir., Oct. 10, 2008), the U.S. 6th Circuit Court of Appeals held that before a property owner may file suit under RLUIPA to challenge a zoning decision, …

Alliance Defense Fund allied attorneys filed suit Thursday against the city of Atlanta for refusing to permit a church to use its leased property for religious purposes.

“Buddhist monks and their followers have filed a federal lawsuit in the hopes of forcing the city to let them resume worshipping at their home in rural Pungo. The suit, filed Thursday, complains that the city of Virginia Beach violated the Religious Land Use and Institutionalized Persons Act . . . ”

The settlement means that the church can now use a former Wal-Mart building it purchased and renovated after the city and its mayor approved the church’s use of the building and then backed out of the agreement.

The Pacific Justice Institute has issued this press release that reports: A Planning Commission meeting tonight could decide the fate of a tiny church in Lemon Grove. The city, near San Diego, discovered Bethel Apostolic Church during a Code Enforcement …

The Pittsburgh Post Gazette reports: The Rev. Jack L. Wisor said the Bible supports his ministry of providing the homeless with shelter and other assistance in his First Apostles Doctrine Church in Brookville . . . But Brookville borough solicitor …

MLive.com has this report on Grand Rapids: “Heritage Hill residents convinced city planners to reject an Islamic community’s request to convert a former school building into a worship center.”

The Tennessean carries this report: Jury hits Metro with $968,000 judgment. “Metro had already admitted to violating the Fair Housing Act by eliminating rehabilitation services as a permitted use in agricultural districts in 2007 – after Teen Challenge had already bought …

The Herald-NC reports: “Eddie Rowe said the controversy dates back to 2005, when the state Department of Agriculture caught wind of a religious ritual involving mass slaughter. For years, Rowe said, hundreds of Muslim families in Wake County had arranged …

The Religion Clause Blog reports: “Today’s Aspen (CO) Daily News reports that a state trial court judge has dismissed a lawsuit by a group known as the Emma Caucus challenging a decision by Pitkin County, Colorado commissioners to permit construction of a …

The Religion Clause reports: “On Tuesday, the Michigan Court of Appeals issued its third opinion in the long-running zoning dispute in Shepherd Montessori Center Milan v. Ann Arbor Charter Township, (MI Ct. App., Aug. 26, 2008). In the case, a …

The Religion Clause Blog reports on this case: “Church of Universal Love and Music v. Fayette County, 2008 U.S. Dist. LEXIS 65564 (WD PA, Aug. 26, 2008), involves a zoning dispute in which William Pritts and the church he founded …

Are these secular activities really necessary to the religious exercise of the institution’s members and guests? If so, should these activities be given the same protections afforded religious worship under our constitutional and statutory framework?

This Note argues that RLUIPA does not apply to eminent domain actions but that religious assemblies can nevertheless challenge condemnations under the Free Exercise Clause.

The Religion Clause Blog reports: “In Fegans v. Norris, (8th Cir., Aug. 11, 2008), the U.S. 8th Circuit Court of Appeals, in a 2-1 decision, rejected an Assemblies of Yahwah adherent’s challenge to Arkansas grooming regulations for prisoners.”

The Religion Clause Blog reports: “Washington D.C.’s Third Church of Christ, Scientist, yesterday filed a federal lawsuit challenging a decision by the city’s Historic Preservation Review Board (see prior posting) that prevents the church from tearing down its current building …

PJI has issued this press release that begins: Pacific Justice Institute has filed a lawsuit on behalf of a church in east San Diego County which has been shut down by county officials. The County claims the church is “illegal” …

The ACLU has issued this press release that begins: “Corrections officials at the Wyoming State Penitentiary (WSP) have agreed to allow American Indian prisoners access to eagle feathers for use in their traditional Indian religious practices.”

The Religion Clause Blog reports: “In Chabad of Nova, Inc. v. City of Cooper City, (SD FL, July 29, 2008), a Florida federal district court ruled in favor of an Orthodox Jewish Chabad group on most of its challenges to …

The Christian Examiner reports: “A church in a San Diego suburb has asked a federal judge to extend its operating permits to 10 years after it won a land-use lawsuit in which the court accused city officials of ‘outright hostility’ …

The Religion Clause Blog reports: “In Calvary Temple Assembly of God v. City of Marinette, Wisconsin, 2008 U.S. Dist. LEXIS 55500 (ED WI, July 21, 2008), a Wisconsin federal district court rejected a RLUIPA challenge brought by a church that …

The Chicago Tribune reports: . . . What his neighbors didn’t know is that Michael had decided to convert his $3 million residence into the Armenian Church of Lake Bluff, qualifying him for a nearly $80,000 break on his annual …

The Religion Clause Blog reports: “In River of Life Kingdom Ministries v. Village of Hazel Crest, Illinois, 2008 U.S. Dist. LEXIS 53491 (ND IL, July 14, 2008), an Illinois federal district court in an elaborate opinion denied a preliminary injunction …

The Sun-Sentinel reports on the continuing controversey over zoning for churches in Cooper City.  A federal judge ruled that the city had not afforded sufficient zoned space for churches.  The litigation is still pending, but the city has amended its …

OneNewsNow.com reports: The growth of Celebration Community Church necessitated the ministry finding a new location. A former car dealership that had been closed for years seemed perfect, but the Muskegon city planning commission denied the church’s application to use the …

The ACLU has issued this press release that indicates: “Corrections officials are refusing to allow Andrew John Yellowbear, a member of the Northern Arapaho Tribe incarcerated since 2006, to possess bald eagle feathers – the single most sacred religious symbol …

The city planning commission had unlawfully prohibited the church from using a vacant car dealership as a house of worship but has now agreed to allow the congregation to use the building.

The AP reports that the ACLU is suing Elkton, Maryland on behalf of a church that claims the town has blocked its efforts to open a day center for the homeless.

Religion Clause Blog reports: “In Baltimore, Maryland yesterday, developer David Moxley filed a lawsuit in federal court challenging the decision of the Walkersville (MD) Board of Zoning Appeals to deny a special exception to land use restrictions sought by the …

The News-Times reports: “A Christian congregation in Bethel is appealing a decision from the city’s Zoning Board of Appeals that prohibits it from building a new church on Shelter Rock Lane.” Hat tip Religion Clause Blog.

The Becket Fund issued this press release on June 11th that begins: “Judge Royal Furgeson, a federal judge in San Antonio, Texas, issued a consent decree that ended seven years of litigation between Castle Hills First Baptist Church and the …

The Religion Clause Blog reports: “In Family Life Church v. City of Elgin, 2008 U.S. Dist. LEXIS 47210 (ND IL, June 18, 2008), an Illinois federal district court rejected a series of challenges by Family Life Church to Elgin, Illinois …

The South County News reports: A Carlinville alderman has resigned in the wake of the city council’s failure on Monday night to override Mayor Robert Schwab’s veto of an agreement to settle a federal lawsuit brought against the city by …

This Note will begin by illustrating the Rastafari religion and the struggle it has faced in becoming recognized as a legitimate religion. This will be followed by an examination of the historical background and current state of the law, including the development of the Religious Land Use and Institutionalized Persons Act (RLUIPA), and will briefly discuss the American Indian Religious Freedom Act (AIRFA).

ADF-allied attorney shocked as mayor vetoes settlement he previously approved,
church left with thousands of dollars in expenses.

The Telegraph reports: The mayor has vetoed a City Council vote to approve a mediated settlement that would have allowed the Carlinville Southern Baptist Church to move into an old Wal-Mart.  The council’s 5-4 vote and the mayor’s veto came …

ADF Attorney Byron Babione appears on Reality Check with Mike Monokian to discuss Yuma’s zoning discrimination against a church. The mp3 is here. It runs just over 18 minutes. ADF’s related press release: ADF & Center for AZ Policy sue …

Religion Clause Blog reports that the U.S. Supreme Court has denied cert. in Lighthouse Institute for Evangelism v. Long Branch, NJ, (Case No. 07-1111).  Thus, the 3rd circuit ruling remains in force. It held that in RLUIPA zoning challnges a …

Attorneys with the Alliance Defense Fund and the Center for Arizona Policy asked a federal court Wednesday to require the City of Yuma to stop discriminating against a Yuma church. In July 2007, the city rejected the church’s application for a permit to use its property in the Old Town District for church services; however, the city has approved such permits for nonreligious groups that assemble in the district.

This study explores planners’ knowledge of RLUIPA and the use of tools to regulate megachurches in the United States. We surveyed 260 U.S. cities about the presence and extent of megachurch development and on their approaches to regulation.

The Religion Clause Blog reports: Friday’s Aspen (CO) Times reports on the long battle by Grace Church in Emma, Colorado to build a new building on Highway 82. In 2005, Pitkn County commissioners denied the church’s application, but then reversed …

The Religion Clause blog reports: “An historic church in Lanesville, Massachusetts last Monday filed a federal lawsuit against the city’s zoning board which is refusing to allow the church to add a multi-use addition onto its original post-Civil War building. …

KTUU.com reports: The Rabbit Creek Community Church is suing the city for religious discrimination, according to a complaint filed last week in federal court. The church has tried for years to expand its south Anchorage property, and for years those …

Now, one congregation’s plan to place a 16-foot cross on a new building at the town’s oldest interfaith center in Wilde Lake Village has stirred an anxious response. Some guardians of local tradition see the cross as a challenge to the core values of Columbia . . .

This Comment will argue that RLUIPA does not cover eminent domain actions and should not be amended to subject eminent domain actions against religious property to strict scrutiny review.

A federal court handed victory to a Rancho Bernardo church Friday in its land use battle with San Diego officials and two planning boards, noting that officials demonstrated “outright hostility” toward the church and failed to consider relevant federal law.

The Religion Clause Blog reports: Yesterday the U.S. Supreme Court denied certiorari in St. John’s United Church v. Chicago, IL, (Docket No. 07-1127) (Order List). In the case, the 7th Circuit had rejected a challenge to Chicago’s use of eminent …

Issue: Whether, under the First Amendment or the Religious Land Use and Institutionalized Persons Act, municipalities may exclude religious groups from particular zones while allowing some secular groups.

“In Beechy v. Central Michigan District Health Department, (6th Cir., April 23, 2008), the U.S. 6th Circuit Court of Appeals rather summarily affirmed a district court decision rejecting free exercise and RLUIPA claims by Amish defendants who objected to septic tank size requirements.”

The Religion Clause blog reports on “Layman Lessons v. City of Millersville, 2008 U.S. Dist. LEXIS 34996 (MD TN, April 29, 2008), a Tennessee federal district court, in a religious land use case, awarded plaintiff Layman Lessons nearly $60,000 in …

The town charged Mr. Burritt last fall with not having a permit for a religious message on a parked semitrailer on his property on Route 11. The town contends the trailer is a billboard.

The 7th Circuit has issued this opinion: Koger v. Bryan, 05-1904 (7th Cir., Apr. 24, 2008). The opinion begins: MANION, Circuit Judge. Gregory Koger (“Koger”), a former inmate at the Pontiac Correctional Center in llinois, filed suit against six prison …

The Religion Clause blog reports on the situation at Our Lady of Angels Catholic Church in Bradenton, Florida.  Apparently, the U.S. Fish and Wildlife Service is prohibiting development of a 14 acre property owned by the church, because a pair …

Religion Clause blog provides this list of recent prisoner free exercise cases.

The Becket Fund for Religious Liberty represents Jose Merced, a Santeria priest. Merced is seeking the right to practice his religion, which includes animal sacrifice in Euless, Texas.

A church in Marietta has won part of a federal lawsuit it filed to overturn Marietta’s zoning code so the church could build a sanctuary and boarding school. The church’s legal team includes Alliance Defense Fund, a faith-based law firm founded in 1994.

The basis of the Old Order Amish faith is that they don’t conform to new technology . . . So if you have a law that says you have to keep pace with technology, that’s the same as having a law that says no Amish allowed.

Terry Sheridan reports on the Daily Business Review: . . . Broward officials want to take the church-owned property at 330 SW 27th St. and combine it with nearby county-owned land to create a new home for county-run drug abuse …

The Becket Fund has issued this press release discussing three petitions for cert. pending before the U.S. Supreme Court in RLUIPA case.

A federal judge on Monday ruled against a Santeria priest who challenged an animal slaughter ban on the grounds it interfered with his right to perform religious sacrifices in his home.

“The U.S. District Court for Middle Tennessee ruled that the city of Millersville, Tenn. violated the constitutional rights of Layman Lessons when it threatened application of a “pending zoning ordinance” as a means of blocking the ministry’s use of a commercially zoned property.”

Okemos Christian Center says Meridian impeded its ability to minister because the township limited the total size of buildings on its property to 25,000 square feet.

. . . closing the ministry would cause more harm to county residents, the decision said . . .

“The houses of worship do not, however, inspire praise from all quarters. Some . . . contend that the churches take up ground-floor space that might otherwise be occupied by large stores capable of luring shoppers to the area.”

After Liberty Legal Institute intervened, it appears the Duncanville city council has reversed it decision to prevent Templo Bautista Nueva Jerusalen from operating a church.

“Churches should not be singled out for discrimination by a city’s zoning restrictions,” said ADF-allied attorney David Langdon, who is serving as lead counsel in the case.

Liberty Legal Institute has demanded that the city of Duncanville grant zoning to a church that lost its case before the City Council last month.

The state Court of Special Appeals upheld yesterday the county’s denial of a request by Trinity Assembly of God to erect a large sign on church property at Interstate 83 and the Baltimore Beltway.

Today, the seventh circuit issued an opinion in Petra Presbyterian Church v. Village of Northbrook, No. 06-1329 (7th Cir.

RLUIPA evens the playing field. It does not give special, undeserved privileges to houses of worship.