Saturday, September 09, 2017

No RLUIPA Violations In Denial of Variance For Personal Chapel

In Milosavlejevic v. City of Brier, (WD Wash., Sept. 7, 2017), a Washington federal district court held that the city of Brier, Washington did not violate RLUIPA when it denied petitioner a height variance so he could build a personal Serbian Orthodox chapel with a 40-foot dome on his property.  The court held that the city had not substantially burdened petitioner's free exercise, saying that he has "ready alternative places of worship at his disposal." It also rejected his RLUIPA equal terms and his Sec. 1983 discrimination claims.