The Supreme Court yesterday granted review in Grand v. University Heights, (Docket No. 25-965, certiorari granted 6/30/2026) (Order List). In the case, the 6th Circuit Court of Appeals (full text of 6th Circuit opinion) held that plaintiff's claims under the Religious Land Use and Institutionalized Persons Act as well as the 1st and 14th Amendments are not ripe for review. Plaintiff, an Orthodox Jew, held weekly prayer sessions in his home for himself and his neighbors. After the city raised zoning objections, plaintiff had applied for a special use permit necessary in order to operate a "house of worship" in the area that was zoned U-1. Just before a second hearing on his application, plaintiff withdrew the application. After that hearing, the city took no further action on the application. Some 18 months later, plaintiff filed suit against the city. Affirming the district court's dismissal of the case, the 6th Circuit said in part:
... [N]either the Planning Commission nor the City Council nor the Board of Zoning Appeals has ever determined whether UHCO § 1274.01 applies to the kinds of gatherings he has in mind. And because Grand withdrew his application, the zoning board has never issued a final decision—or for that matter any decision—about his eligibility for a special use permit. The government body “charged with implementing the regulations,” in short, has not “reached a final decision regarding the application of the regulations to the property at issue.” ... Grand’s claims thus never ripened into a dispute suitable for federal review.
Plaintiff's Petition for Certiorari lists as the Question Presented to the Supreme Court:
Whether the First Amendment's established chilling-effect doctrine-- under which a credible government threat that deters the exercise of fundamental rights constitutes a complete and independently actionable constitutional injury-- is displaced by Williamson Cnty.'s land-use finality requirement when a plaintiff alleges that government threats both before and after a Planning Commission meeting chilled religious exercise, worship, and assembly.
The Court will hear arguments in the case in the Fall. ADF issued a press release announcing the Court's grant of review. [Thanks to Eugene Volokh via Religionlaw for the lead.]
