Muslim Center's Zoning Claims Move Ahead, But Individual Capacity Claims Dismissed

In Irshad Learning Center v. County of DuPage, (ND IL, March 28, 2011), an Illinois federal district court dismissed individual capacity claims against county officials, but permitted plaintiffs to move ahead with most of their other challenges to the denial of a conditional use permit to use their property for Muslim religious purposes and educational activities. The lawsuit alleges that the county violated RLUIPA, the Illinois Religious Freedom Restoration Act and various constitutional provisions in denying the zoning request. The court held that individual members of the County Board and Zoning Board of Appeals have quasi-judicial immunity from liability for the zoning decisions they made. The court refused to dismiss plaintiffs' claims against the county charging violations of the equal terms and substantial burden provisions of RLUIPA and the Equal Protection  and Free Exercise Clauses. Yesterday's Naperville (IL) Sun reported on the decision.