Michigan Church's RLUIPA Claims Rejected

In Great Lakes Society v. Georgetown Charter Township, (MI App., April 28, 2011), the Michigan Court of Appeals rejected a religious organization's "equal terms" RLUIPA claim because no evidence supported the contention that plaintiff's applications for a special use permit and variance were treated differently than applications by non-religious organizations. The religious organization ministers to persons who have chemical sensitivities to common environmental pollutants. The court also rejected plaintiff's "nondiscrimination" RLUIPA claim for lack of proof. Judge Shapiro wrote a concurring opinion arguing that the court's prior decision in the case had already decided the issues posed here.