US Court of Appeals, 2nd Circuit, Nos. 12-1057-cv (Lead), 12-1495-cv (Con), September 19, 2014: Certificate of historical appropriateness subject to RLUIPA; current property interest not needed to bring RLUIPA claim; multiple factors must go into discriminatory intent inquiry.
RLUIPA is the federal Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq. Litchfield’s Historic [...]
US Court of Appeals, 11th Circuit, No. 12-12984, August 29, 2013: 11th Circuit agrees with 1st on landmark designation RIULPA ripeness test.
An Orthodox Jewish congregation (Temple) challenged the City’s designation of the congregation’s synagogue as a historic landmark. The designation would limit the Temple’s plans to alter its building to make it better conform with Orthodox [...]
United States Court of Appeals, 1st Circuit, No. 11-1117, July 22, 2013: Church’s constitutional and RLUIPA claims against historic district designation not ripe or rejected.
The Roman Catholic Bishop of Springfield (RCB) closed the Our Lady of Hope (“Church”), built in 1925. The City of Springfield passed an ordinance (the “Ordinance”) declaring the Church property a historic [...]
The US Supreme Court denied certiorari January 10 in the case of Rocky Mountain Christian Church v Boulder County (reported here on May 25, 2010), a case decided by the United States Court Of Appeals Tenth Circuit, No. 09-1188, May 17, 2010, involving claims under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). [...]
U.S. Dist. Court, D. Massachusetts, 760 F. Supp. 2d 172 (D. Mass. 2011), January 4, 2011: Rejects RLUIPA and constitutional challenges to City Ordinance designating single church parcel as historic district. The Church’s failure to submit any plan for alteration of the building exterior or apply for an exemption from constraints on alteration figured significantly in [...]
United States Court Of Appeals Tenth Circuit, No. 09-1188, May 17, 2010
The court upheld a jury verdict that denial of the church’s special use application to build an additional 130,200 SF in an area designated as agricultural lands of importance in Agricultural Districts violated the “equal terms” and “unreasonable limitations” provisions of the Religious Land Use [...]
United States District Court, S.D. California. No. 09cv962-WQH-AJB.
April 1, 2010
The court rejected summary judgment and injunctive relief motions by a religious school (OLP) that alleged the City’s refusal to issue permits for “modernization” of the school was a violation by the City of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. [...]