Saturday, August 27, 2005

RLUIPA Victory For Michigan Church

In Living Water Church of God d/b/a Okemos Christian Center v. Charter Twp. of Meridian, 2005 WL 2035048 (USDC WD Mich., Aug. 23, 2005), a federal district court held that Meridian Township, Michigan’s denial to a church of a Special Use Permit to construct a school building in excess of 25,000 square feet violated the Religious Land Use and Institutionalized Persons Act. The denial, the court found, imposed a substantial burden on the church’s religious exercise, was not in the furtherance of a compelling government interest, and was not the least restrictive means of furthering a compelling government interest. On Thursday, the Detroit Free Press reported on the case, pointing out that the Okemos Christian Center sued the township in December 2003 after the township rejected a request by the church to expand its facility.