Muslim Group Prevails On Free Exercise and RLUIPA Substantial Burden Challenges To Zoning Denial

In a detailed 70-page opinion in Irshad Learning Center v. County of DuPage, (ND IL, March 29, 2013), an Illinois federal district court held that DuPage County Illinois violated the substantial burden provisions of RLUIPA and the Illinois Religious Freedom Act Restoration Act, as well as the free exercise provisions of the U.S. and Illinois constitutions in denying a Muslim religious and educational group a conditional use permit to use certain property for religious and educational purposes. However the court rejected plaintiff's RLUIPA equal terms and non-discrimination claims, as well as its constitutional equal protection claim. (See prior related posting.)