The U.S. 6th Circuit Court of Appeals yesterday (July 19) heard oral arguments (audio of full oral arguments) in a RLUIPA land use case, Catholic Healthcare International, Inc. v Genoa Charter Township, Michigan. The dispute is summarized by a Michigan federal district court in one of its opinions:
CHI acquired title to a parcel of undeveloped property... and requested Township approval to construct a grotto/prayer area with associated parking and drive access on the Property.... In response, the Township informed a CHI representative that the proposed construction would be considered a special land use requiring special land use and site plan approval.... Despite this instruction from the Township, CHI erected the desired religiously symbolic structures: a Station of the Cross, similar in size and appearance to a birdhouse, and a shrine consisting of an image within a brick wall, referred to as a “grotto,” on the Property without approval or permits from the Township....
The complex history of the case is outlined on the website of the American Freedom Law Center. Yesterday's oral arguments, which focused in part on the issue of ripeness, are discussed by Courthouse News Service.
