Two RLUIPA cases that have recently become available address some of the more obscure issues posed by RLUIPA.
Lighthouse Institute For Evangelism, Inc. v. City of Long Branch, 2005 U.S. Dist. LEXIS 36425 (D NJ, Dec. 27, 2005) involved a challenge to Long Branch, New Jersey's Redevelopment Ordinance by a church that wished to locate in an area in which churches were not a "permitted use." One of the church's RLUIPA claims was brought under 42 USC 2000cc(b): "No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." Rejecting the approach of some other courts, New Jersey federal district Judge William Walls held that subsection (b) is violated only if there has been a "substantial burden" placed on the church's free exercise of religion.
The opinion in Williams v. Gerges, 2005 U.S. Dist. LEXIS 36958 (ED NY, July 26, 2005), which has only recently become available even though it was decided 5 months ago, holds that the four year statute of limitations under 28 USC 1658(a) applies to RLUIPA actions. That provision applies to civil actions arising under any federal law enacted after December 1, 1990. This is so even thought the statute of limitations for a First Amendment claim brought under 42 USC Sec. 1983 may be shorter. Courts have found the limitations period under Section 1983 to be the statute of limitations applicable to personal injury actions occurring in the state in which the federal court sits.
