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The Livingston Christian School (LCS) is a non-denominational religious school that had operated for a number of years. It sought to move to the nearby Township of Genoa, and rented space in a local church. The Town denied a special use permit that was required to operate the school. As a result of the denial, which was by a 4-3 vote, LCS brought an action claiming a violation of Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc et seq. The District Court for the Eastern District of Michigan awarded summary judgment to the town, and the U.S. Circuit Court of Appeals for the Sixth Circuit affirmed in Livingston Christian Sch. v. Genoa Charter Twp., 858 F.3d 996, 998 (6th Cir. 2017). The decision of the court appears to fix a narrower standard in determining what constitutes a substantial burden on religious exercise under RLUIPA than had been followed in previous decisions.
By Timothy Hill
In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis.
Neighborhood Garden Users May Establish Adverse Possession Claim
Purchaser Entitled to Return of Down Payment Upon Revocation of Mortgage Commitment After Expiration of Contingency Period
Law Firm Not Liable to Non-Client for Turnover of Escrow Funds
Law Firm Not Exempt From Claim Under RPL 265-B
Presumption of Due Execution Rebutted
Title Insurance Regulation Annulled
City Not Estopped to Object to Nonconforming Building
Lawyer Advertising Billboards Not Treated As Onsite Advertisements
Town Not Obligated to Consider Zoning Amendment
East Harlem Rezoning Upheld
Failure to Register Precludes Landlord from Collecting Otherwise Lawful Rent Increases
Unlawful Entry and Detained Proceeding Requires Proof of Possession