Supreme Court Denies Review In Murfreesboro Mosque Case

The U.S. Supreme Court today denied certiorari in Fisher v. Rutherford County Regional Planning Commission, (Docket No. 13-1214, cert. denied, 6/2/2014). (Order List).  In the case, a Tennessee Court of Appeals reversed a trial court's holding that Rutherford County had given inadequate public notice of a meeting which approved the site plan for the controversial Murfreesboro mosque. (See prior posting.) The Tennessee Supreme Court denied review. The first portion of the planned Islamic center was completed and occupied in August 2012. Today's Tennessean has more details.

Preliminary Injunction Denied In Land Use Suit Against Texas Synagogue

In Dallas, Texas yesterday, a state trial court judge refused to issue a preliminary injunction to prevent an Orthodox synagogue from continuing to use a home for daily worship services for some 30 families.  In Schneider v. Gothelf, (Collin Co. TX Dist Ct.), plaintiff contended that the use was disruptive and violated deed restrictions imposed by the neighborhood homeowners' association that limit the homes to residential use. (Dallas Morning News.) Congregation Toras Chaim filed a brief in opposition (full text) making numerous procedural and substantive arguments. After the judge's decision, Liberty Institute issued a release saying in part: "We are excited that we were able to successfully defend the religious liberty rights of this congregation on the eve of Passover."

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.

New Murfreesboro Lawsuit Challenges Muslim Cemetery

In Murfreesboro, Tennessee, where opponents of an Islamic Center engaged in several years of high-profile litigation beginning in 2010 (see prior posting), a new lawsuit has been filed challenging county approval of a Muslim cemetery on a portion of the Islamic Center's property.  By a 3-2 vote, the Rutherford County Board of Zoning Appeals in January approved the cemetery which will not use caskets or burial vaults.  According to the Murfreesboro Daily News-Journal, plaintiffs are attempting to require additional hearings, studies and permits before the cemetery can be approved. The case is being heard next week by the same trial court judge who ruled-- in a decision that was reversed by higher courts-- that inadequate public notice had been given before the mosque construction was approved.

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.

Rezoning For Catholic Senior Housing Project Is Not Establishment Clause Violation

In Foothill Communities Coalition v. County of Orange, (CA App., Jan. 13, 2014), a California appellate court held that creating a new zoning district for a large parcel of land owned by the Catholic Diocese of Orange to allow the diocese to build a senior housing project was not an Establishment Clause violation. The court rejected the argument that a land use approval equals a preference if the landowner is a religious organization.

Suit Settled Allowing Christian Group To Use Building To House Recovering Addicts and Their Children

Alliance Defending Freedom announced this week that it has reached a settlement with the city of Hattiesburg, Mississippi in a suit challenging the city's refusal to rezone or provide a special use permit for a Christian organization to use a building it purchased for overnight housing of women who are recovering from addiction and their children. The complaint (full text) in Lighthouse Rescue Mission, Inc. v. City of Hattiesburg, Mississippi, (SD MI, filed 5/3/2013) claimed that the zoning denials violated RLUIPA, the federal Fair Housing Act and the speech and religion protections in the federal and state constitutions. The order and settlement agreement (full text, filed 11/7/13) permits Rescue Mission to house allows it to use the building for overnight housing and related ministry operations.