Michigan Supreme Court Rejects Church's RLUIPA Claim

On Wednesday, in Greater Bible Way Temple of Jackson v. City of Jackson, (MI Sup. Ct., June 27, 2007), the Michigan Supreme Court rejected a claim by Greater Bible Way Temple that Jackson, Michigan violated the Religious Land Use and Institutionalized Person's Act by refusing to rezone property on which the church wished to build an assisted living apartment complex. In a rather broad-based reversal of the court of appeals (see prior posting), the Supreme Court said:

We conclude that a refusal to rezone does not constitute an "individualized assessment," and, thus, that RLUIPA is inapplicable. Further, even if RLUIPA is applicable, the building of an apartment complex does not constitute a "religious exercise," and even if it does constitute a "religious exercise," the city of Jackson’s refusal to rezone plaintiff's property did not substantially burden plaintiff's religious exercise, and even if it did substantially burden plaintiff's religious exercise, the imposition of that burden is in furtherance of a compelling governmental interest and constitutes the least restrictive means of furthering that interest.

Two justices wrote concurring opinions urging reversal on narrower grounds. Yesterday's Jackson Citizen Patriot reported on the decision. [Thanks to Brian D. Wassom for the lead.]