7th Circuit: Village Can Exclude Churches From Commerical District Under RLUIPA

In River of Life Kingdom Ministries v. Village of Hazel Crest, (7th Cir., Oct. 27, 2009), the U.S. 7th Circuit Court of Appeals refused to grant a preliminary injunction to permit a church to relocate from a crowded warehouse to property it purchased in an area zoned for various commercial uses, but not for religious services. The church claimed that the Village of Hazel Crest's denial to it of a special use permit violated the "equal terms" provision of RLUIPA. The court concluded that the church had little likelihood of prevailing on the merits. It adopted the approach followed by the 3rd Circuit, holding that under RLUIPA a zoning ordinance can differentiate between religious and non-religious institutions for legitimate, non-religious reasons. Here the Village wanted to create a tax-generating commercial district near mass transit. It can exclude non-commercial uses, including churches, without violating RLUIPA. (See prior related posting.)