In Chabad Lubavitch of Lichtfield County, Inc. v. Borough of Lichtfield, Connecticut, (D CT, June 20, 2011), a Connecticut federal district court upheld the constitutionality of several of the land use provisions of RLUIPA. This holding allowed Chabad to move ahead with its RLUIPA challenge to Lichtfield's denial of its application to restore and add onto a Victorian building located in an historic district. (See prior posting.) However the court held that Chabad's rabbi (as opposed to the organization) lacked standing to pursue a RLUIPA claim because he had no property interest in the building separate from Chabad's.
In discussing the constitutionality of RLUIPA, the court held that any substantial burden on Chabad's free exercise here would necessarily burden interstate commerce because of the building construction involved. It also concluded that RLUIPA does not violate the Establishment Clause merely because it singles out religion for protection against unequal treatment. [Thanks to Eric Treene for the lead.]
