In Fresh Start Center v. Township of Grosse Ile, (ED MI, Sept. 5, 2024), a Michigan federal district court refused to grant a preliminary injunction in a RLUIPA lawsuit challenging the denial of a variance and a special land use permit to the Fresh Start Center to operate a religious retreat center in an area zoned residential. The Center holds retreats twice a month for Orthodox Jews who have experienced a loss of faith because of trauma. Each retreat involves 4 to 5 participants from all over the world and up to 4 other staff. The court said in part:
Because Plaintiff has not demonstrated a strong likelihood of establishing a substantial burden on the Center’s religious exercise, the Court need not determine whether that substantial burden was the least restrictive means of furthering a compelling government interest.... Here, the Center has not shown there are no feasible alternate locations within the Township and outside the Township where the Center can conduct its retreats. The only burden the Center has demonstrated is disappointment that it cannot conduct its retreats at the Property. The present record reveals that being unable to conduct its retreats at a desired location does not rise to the level of a substantial burden. While the Center may ultimately succeed on the merits once the record is more fully developed, at this juncture it has not shown a strong likelihood of success on the merits of its substantial burden RLUIPA claim....
The court also concluded that plaintiff is unlikely to prevail on a claim that the denial violated the equal terms provision of RLUIPA.
