Florida and Texas Churches Successfully Challenge Zoning Denials

This week, churches in Florida and Texas were successful in their RLUIPA challenges to zoning denials.

In Church of Our Savior v. City of Jacksonville, (MD FL, Nov. 25, 2014), a church prevailed on its RLUIPA "as applied" equal terms challenge to Jacksonville, Florida's denial of a conditional use permit. A Florida federal district court found that the city granted a permit to a Montessori school to operate in a residentially zoned area, while denying it to the church, thereby creating less than equal treatment.  The court went on to hold that the city had not shown that its two denials of conditional use permit applications were narrowly tailored to further compelling interests.  The court held that the city's actions did not violate various other provisions of RLUIPA, including RLUIPA's "substantial burden" provisions. [Thanks to Dan Dalton for the lead.]

In Cornerstone Church By the Bay v. Town of Bayview, (SD TX, Nov. 24, 2014), a Texas federal district court a preliminary injunction agreed to by both parties that apparently envisions that the town will grant a special use variance to allow a congregation to operate a church and school on property it owns in an area zoned residential. The injunction prevents the town from enforcing the zoning ordinance or interfering with the church's operation while the church applies for the required permits. Liberty Institute reports on the court's action and provides further background and links to the pleadings.

Delays In Sale of Historic Church Support Free Exercise, But Not RLUIPA, Claim

In California-Nevada Annual Conference of the Methodist Church v. City and County of San Francisco, (ND CA, Nov. 24, 2014), a California federal district court resolved two rather interesting issues defining the scope of religious liberty protection. The suit grows out of ten-years of legal delays-- including attempted landmarking-- imposed by San Francisco on the sale of an historic Methodist Church to condominium developers who planned to demolish the church building.The court rejected the Methodist Conference's RLUIPA claims, holding that the sale of the property to commercial developers is not a "religious exercise" under RLUIPA:

The fact that the proceeds from the sale were to be used to fund the Conference’s religious efforts does not transform the sale transaction itself into "religious exercise."

However the court refused to dismiss the Conference's 1st Amendment free exercise claim:

Unlike the Conference’s RLUIPA claim, which specifically hinged on the denial of the demolition permit and resultant inability to recoup profits on the land sale, the Conference’s First Amendment claim is based upon a broader notion of unequal treatment – generally, that the City embroiled the Conference in bureaucratic proceedings, much of which were unnecessary, in an effort to prevent the Conference engaging in religious exercise.

Zoning Denial Did Not Create Substantial Burden Under RLUIPA

In Andon, LLC v. City of Newport News, Virginia, (ED VA, Nov. 20, 2014, a Virginia federal district court dismissed a RLUIPA challenge to the city's refusal to grant a zoning variance to allow use of a leased building as a church.  The court held that while the landowner has standing, even though it did not engage in any religious activity, the denial of a variance does not impose a substantial burden on the religious exercise of the congregation that had entered an agreement to lease the building, subject to zoning approval.

Consent Injunction Issued In Church's RLUIPA "Equal Terms" Challenge

A Kansas federal district court last week issued a consent order (full text) granting a preliminary injunction barring Garden City, Kansas from enforcing its zoning code against a church that has been located in the city's central business district for ten years. The order in Mount Zion Church of God In Christ v. City of  Garden City, Kansas, (D KA, Nov. 14, 2014), comes in a RLUIPA challenge to provisions that fail to include churches as permitted uses in the area zoned as Central Business District.  The complaint (full text) in the case invokes RLUIPA's "equal terms" provision as well as the 14th Amendment.  In September the city told Mount Zion that it must stop using its location as a church after the city received a complaint from a citizen about another nearby church. RLUIPA Defense blog today reports on the case.

Supreme Court Hears Oral Arguments In Prison Beard Case; Full Transcript Available

The U.S. Supreme Court today heard oral arguments in Holt v. Hobbs, a case in which a Muslim inmate seeks for religious reasons to grow a one-half inch beard, in violation of Arkansas prison grooming rules. The prisoner asserts that RLUIPA affords him that right.  The transcript of the full oral argument is available from the Supreme Court's website. SCOTUSblog also has a lengthy report on the oral argument, saying:

The Supreme Court on Tuesday sent a blunt message to prison officials planning a policy that limits the religious freedom of inmates:  it would be important to have a good reason for the restriction before it gets into court.  Trying to bolster the rationale at the lectern is not a promising strategy.

A lawyer for Arkansas prison officials found that out in two quick exchanges with Justice Samuel A. Alito, Jr., that came close to collapsing his case.

2nd Circuit Says Trial Court Misinterpreted RLUIPA In Chabad Zoning Case

In Chabad Lubavitch of Litchfield County, Inc. v. Litchfield Historic District Commission, (2d Cir.,  Sept. 19, 2014), the U.S. Second Circuit Court of Appeals held that the district court had applied erroneous legal standards in deciding whether a refusal to allow a Jewish group to expand a building in Lichtfield's Historic District violates RLUIPA’s substantial burden and nondiscrimination provisions. RLUIPA's substantial burden provision applies because the statutes involved call for an individual assessment of applications to alter historic properties. The district court should have looked at more than religious comparators in deciding the discrimination claim. The court also held that the district court wrongly dismissed on standing grounds the RLUIPA claim of the rabbi who was to live in the building.  AP reports on the decision. [Thanks to Tom Rutledge for the lead.]

Suit Alleges Anti-Hasidic Conspiracy By Two Municipalities

Invoking RLUIPA, the Fair Housing Act, the 1st and 14th Amendments as well as New York statutory and constitutional provisions, in a 66-page federal court complaint a Jewish school, developers and Orthodox Jewish residents sued the Village of Bloomingburg, NY and the adjoining Town of Mamakating alleging an anti-Semitic conspiracy to prevent more Hasidic Jews from moving into the area. The complaint (full text) in The Bloomingburg Jewish Education Center v. Village of Bloomingburg, New York, (SD NY, filed 9/8/2014), alleges in part:

The Village of Bloomingburg ... and the adjoining Town of Mamakating ,,,, acting on behalf of an aggressive and hateful group of residents, are engaged in a conspiracy to prevent Hasidic Jews from buying houses, establishing a private religious school, and operating businesses in their community. After members of the Hasidic community began to move into the area, Bloomingburg and Mamakating instituted a number of roadblocks designed to stop the community from growing. These municipalities are engaged in a series of patently illegal actions to block lawful, approved and long planned developments....

The Village and Town are seeking to use their political power, economic pressure, zoning laws and sheer intimidation to prevent a certain type of people from joining their community. This type of intolerance might sound like a story from the Civil Rights Era in the South. But it is unfolding right now in a municipality just 75 miles from New York City.

As reported by JP Updates:

The lawsuit is directed at Bill Herrmann, the Supervisor of the Town of Mamakating, who has said that “the people elected him to stop the Jewish infiltration,” and Frank Gerardi, the new Mayor of Bloomingburg, who’s claim to fame is that he was elected to prevent more of “those people” – Hasidic Jews – from moving into Bloomingburg.

Suit By Pastor To Sex Offenders Challenges Law Restricting His Ministry

In Montgomery, Alabama yesterday, Ricky Martin, pastor of the Triumph Church in Clanton, Alabam filed a lawsuit challenging a recently enacted state law aimed at shutting down his ministry to sex offenders. The complaint (full text) in Martin v. Houston, (MD AL, filed 8/27/2014) contends that Al. Code Sec. 45-11-82 violates RLUIPA, the Alabama Religious Freedom Amendments, and the free exercise, bill of attainder and due process clauses of the federal Constitution. The law, which is applicable only in Chilton County, prohibits registered adult sex offenders who are not related from living in the same residence or within 300 feet of another registered sex offender. Martin, as part of his ministry, allows sex offenders to live in trailers behind his church while they are locating more permanent housing. AL.com reports on the case.

Justice Department Sues Minnesota Town Over Denial of Use Permit To Mosque

The Justice Department announced yesterday the filing of a civil lawuit against St. Anthony Village, Minnesota for violating the "equal terms" provision of the Religious Land Use and Institutionalized Persons Act.  The suit challenges the village's refusal to issue a conditional use permit to the Abu Huraira Islamic Center that seeks to purchase an existing business center in an area zoned "light industrial," use the basement for worship space and continue to rent the remainder of the building to existing business tenants. According to the Minneapolis Star-Tribune, the 4-1 City Council vote reversing the recommndation of the City Planning Staff came after a Council meeting at which some residents made disparaging remarks about the Muslim faith.

Court Permits Church To Move Ahead on RLUIPA Claims

In Church of Our Savior v. City of Jacksonville,(MD FL, July 18, 2014), a Florida federal district court permitted a church to move ahead with its claims that denial of a conditional use permit to build a church on property in a residential area violates various provisions of RLUIPA, and that the city's Land Development Code violates RLUIPA's equal terms provision by allowing secular assemblies in residentially-zoned areas without a conditional use permit. [Thanks to Daniel Dalton for the lead.]

Church Challenges Town's Zoning Law

Liberty Institute announced the filing last week of a RLUIPA challenge to the zoning ordinance of the town of Bayview, Texas. The complaint (full text) in Cornerstone Church by the Bay v. Town of Bayview, Texas, (SD TX, filed 7/22/2014), alleges that the town's zoning ordinance violates RLUIPA and the Texas Religious Freedom Restoration Act, as well as federal and state constitutional protections, by barring all religious institutions in the town's only residential zone while allowing similarly situated non-religious institutions there. Cornerstone is seeking to operate a church and religious school on land that was donated to it.

Connecticut Synagogue Files RLUIPA Challenge To Zoning Denial

In Greenwich, Connecticut the Greenwich Reform Synagogue has filed a federal lawsuit challenging the Planning and Zoning Board of Appeals' refusal, on a 2-2- vote, to grant it a zoning exemption needed for final approval of its planned new building.  As reported by Greenwich Time, the suit, presumably invoking the Religious Land Use and Institutionalized Persons Act, alleges that the denial is burdensome and discriminatory, and treats the synagogue less favorably that the city has treated requests from churches and non-religious institutions.

Zoning Denial For Catholic School Athletic Field Lighting Violates RLUIPA

In Corporation of the Catholic Archbishop of Seattle v. City of Seattle, WD WA, June 20, 2014), a Washington federal district court held that requiring a Catholic High School to obtain a zoning variance in order to install 70-foot tall light poles in its athletic field violates the "equal terms" provision of RLUIPA. The variance, which was denied, is required because of the 30-foot height requirement for structures in residential zones. The city exempts public school athletic fields from the height requirement. [Thanks to Eric Treene for the lead.]

RLUIPA Suit Challenges City's Refusal To Allow Homeless Ministry To Continue

A suit was filed last week in a California federal district court by the Stanford Law School Religious Liberty Clinic on behalf of a church in San Buenaventura, California that was denied a permit to continue to operate its ministry to the homeless in its current location.  The complaint (full text) in Harbor Missionary Church Corp. v. City of San Buenaventura, (CD CA, filed 5/14/2014), contends that the church's rights under the 1st Amendment and RLUIPA were violated when the city refused to recognize that the current permit to operate as a church was sufficient to allow the church to continue to offer meals, clothing, laundry and shower facilities, Bible study and prayer to the homeless, and then refused to issue the church a conditional use permit to allow the ministry to continue. Here is Plaintiff's Memorandum in Support of Motion for Preliminary Injunction. Courthouse News Service reports on the case. [Thanks to Paul Harold for the lead.]

Supreme Court Denies Review In RLUIPA Zoning Case

Yesterday, the U.S. Supreme Court denied certiorari in Eagle Cove Camp & Conference Center v. Woodboro, (Docket. No. 13-1099, cert. denied 5/5/2014) (Order List). In the case, the 7th Circuit rejected RLUIPA challenges to county land use regulations that barred petitioner from operating a year-round Bible camp on residentially zoned property. (See prior posting.)

Christian School's RLUIPA, Constitutional Challenges To Zoning Denials Are Rejected

In Tree of Life Christian Schools v. City of Upper Arlington, (SD OH, April 18, 2014), an Ohio federal district court dismissed a Christian school's challenge to an Ohio city's refusal to issue a conditional use permit or to rezone for use as a school an existing office building in an area zoned for offices and research facilities. In dismissing the school's claim that the refusal violates RLUIPA's "equal terms" provision, the court held that "the proper comparator for a religious school is a non-religious or secular school." The court also rejected the school's 1st and 14th Amendment challenges to the zoning decision.

City Council Members Have Legislative Immunity In Suit Over Zoning Vote

In American Islamic Center v. City of Des Plaines, (ND IL, March 24, 2014), an Illinois federal district court held that city council members are entitled to absolute legislative immunity from a suit against them for their vote against a zoning map amendment that would have permitted an Islamic center to build in an area currently zoned for manufacturing.  The Islamic Center's free exercise and equal protection claims can proceed only against the city itself. The court held that it need not decide at this juncture whether the Illinois Tort Immunity Act applies to claims under the Illinois Religious Freedom Restoration Act.  It permitted plaintiff to proceed with its claim that the zoning decision was arbitrary and capricious in violation of the state constitution.

Cert. Filed In RLUIPA Land Use Case

Earlier this week a petition for certiorari (full text) was filed with the U.S. Supreme Court in Eagle Cove Camp & Conference Center, Inc. v. Town of Woodsboro, Wisconsin, (cert. filed 3/10/2014).  In the case the U.S. 7th Circuit Court of Appeals rejected challenges to county land use regulations which prohibit plaintiff from operating a year-round Bible camp on residentially zoned property. (See prior posting.) The cert. petition asks the Supreme Court to settle conflicts over the interpretation of several provisions of the Religious Land Use and Institutionalized Persons Act.  [Thanks to Art Jaros for the lead.]

Neighbor Sues Over Home's Use As Synaogue

KDFW News reported last week on a lawsuit in Dallas, Texas against a rabbi who is using a home in a residential neighborhood as a meeting place for his 25-person Orthodox Jewish congregation.  David Schneider, who lives in the home across the street and was recently elected head of the homeowners association, says that the rabbi is violating homeowners association rules. Schneider is seeking $50,000 in damages contending that the synagogue has lowered his property values.  Religious services are held in the synagogue twice a day, and Rabbi Yaakov Rich has filed a certificate with the City of Dallas notifying it of his use of the building as a synagogue, known as Congregation Toras Chaim. Liberty Institute is defending the synagogue, contending that the Religious Land Use and Institutionalized Persons Act protects the right to use the home for religious meetings and worship. (Press release.)

Church's Challenge To Rezoning Denial Dismissed

In Alger Bible Baptist Church v. Township of Moffatt, (ED MI, Feb. 5, 2014), a Michigan federal district court dismissed a church's constitutional and RLUIPA challenges to a township's refusal to rezone land in a commercial district in which churches are not a permitted use.  The court said:

[Plaintiff] simply alleges that the Zoning Ordinance prevents it from practicing its religion in the precise location where it wants to. But, worthy of emphasis here, a church has no “constitutional right to build its house of worship where it pleases.”

The court's dismissal of plaintiff's equal protection and RLUIPA equal terms claims were without prejudice.  Plaintiff's 1st Amendment and other RLUIPA claims were dismissed with prejudice.