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Land Use Law Report, Volume 46, Number 12, December 2018

Religious Use


A Zoning Reg Can Be The Basis Of An RLUIPA Claim

Monday, December 03, 2018

Facts: Faith Fellowship Foursquare Church (Church), a local affiliate of International Church of the Foursquare Gospel (ICFG), wanted to build new church facilities in the City of San Leandro (City). The Church had outgrown its existing facilities, and its full congregation could no [...]

Undesirable Land Use: Chicago May Have Violated RLUIPA By Denying License To House Homeless

Monday, December 03, 2018

Facts: In 2005, the World Outreach Conference Center (World Outreach), a religious organization, bought an old YMCA in an impoverished area of Chicago. The YMCA had used its facility as both a gym and as temporary housing for otherwise homeless people. The building’s use for single-room occupancy (SRO) is no [...]

Indianapolis Pastor May Have RLUIPA Claim Against City’s Zoning Decisions

Monday, December 03, 2018

Toby Digrugilliers (Digrugilliers), pastor of the Baptist Church of the West Side, led a small congregation in a leased building located in a part of Indianapolis zoned “C-1.”The City of Indianapolis Zoning Code (Code) forbade religious uses in C-1 districts absent a zoning variance. The Code noted that C-1 districts were commercial districts [...]

Discriminatory Treatment May Create Substantial Burden Under RLUIPA

Monday, December 03, 2018

In 2001, the Albanian Associated Fund and Imam Arun Polozani (Plaintiffs) purchased a property to expand their mosque. The property, located in the Township of Wayne (Township), possessed certain geographic qualities so as to be considered “environmentally sensitive” by the Township. By October 2001 Plaintiffs had closed on the property [...]

In Biz Zone, City Cannot Prohibit Church But Allow Private Clubs

Monday, December 03, 2018

Facts: The Elijah Group, Inc. (Elijah), a church, sued the City of Leon Valley, Texas, alleging that the city had violated the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) by amending its zoning code. Until March 2007, the city’s zoning code allowed churches [...]

‘Leapfrog Development’ Defense Fails To Hurdle Imposition Of Substantial Burdens

Monday, December 03, 2018

The U.S. Court of Appeals for the Ninth Circuit remained silent on any discriminatory intentions of Sutter County, California after the County denied a Sikh society permits to build a small temple on two separate occasions. However, the court did clearly state that the County’s actions constituted a substantial [...]

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