Friday, April 03, 2009

Historic Landmark Limits Are Not Substantial Burden Under RLUIPA

In Trinity Evangelical Lutheran Church v. City of Peoria, Illinois, (CD IL, March 31, 2009), an Illinois federal district court rejected a church's RLUIPA claim. The Church, some years ago, purchased an adjacent building which was subsequently designated as an historic landmark. Now the city refuses to permit the Church to tear down the building to build a Family Life Center. The court held that the limitations on tearing down or renovating the building because of its historic status do not constitute a substantial burden on the Church's exercise of religion. Law of the Land blog reported on the case yesterday. [Thanks to Bob Tuttle for the lead.]