Saturday, July 23, 2011

L.A. Synagogue Wins Its RLUIPA Claims

In Congregation Etz Chaim v. City of Los Angeles, (CD CA, July 11, 2011), a California federal district court held that RLUIPA was violated by the denial of a conditional use permit to a Hasidic congregation that wanted to use a house in the Hancock Park area of Los Angeles for religious services.  The congregation and nearby homeowners had been at odds over use of the property for decades. The court rejected the city's argument that no substantial burden was placed on the congregation because it could find an alternative location. It also held that the congregation had shown a prima facie case of unequal treatment. The court granted a preliminary injunction to bar denial of a conditional use permit and to prevent enforcement actions that would prevent the congregation from using the property. Religious Freedom In Focus reports on the decision.