11th Circuit: RLUIPA "Equal Terms" Violation, But Only Nominal Damages Awarded

Covenant Christian Ministries, Inc. v. City of Marietta, Georgia, (11th Cir., Sept. 7, 2011), is an interesting RLUIPA case decided earlier this year which has just now come to my attention.  The case involves a RLUIPA challenge brought by a church to a city's zoning ordinance which prohibited religious institutions from locating in various residentially zoned areas, even though private parks, playgrounds and neighborhood recreation centers were permitted. The 11th Circuit upheld the district court's conclusion that the ordinance violates RLUIPA's "equal terms" provisions, but that plaintiff is entitled only to nominal damages.  The district court remedied the unequal treatment in the zoning law by holding that private parks, playgrounds and neighborhood recreation centers should be excluded from the residentially zoned areas, just as religious institutions were. Thus, according to the 11th Circuit, the church obtained no vested right to build its church under the ordinance's original language. Shortly after the district court's decision, the city amended its zoning law in a manner that still treats all places of assembly, religious and non-religious, alike.  They are special uses requiring special approval by city council.  According to the 11th Circuit, this change mooted plaintiff's claims for injunctive relief under the earlier law. (See prior related posting.) [Thanks to Christopher Lund via Religionlaw for the lead.]