Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

New York Real Estate Law ReporterKickerFeaturesSectionsNewsLJN Newsletters

Southern District Upholds Constitutionality of RLUIPA

By Marci A. Hamilton

In one of the earliest decisions addressing the constitutionality of the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Southern District of New York upheld the law. Westchester Day School v. Village of Mamaroneck, 2003 WL 22110445 (S.D.N.Y. Sept. 5, 2003). Only three other courts to date have addressed the issue, including Elsinore Christian Center v. City of Lake Elsinore, No. 01-04842, 2003 U.S. Dist. LEXIS 11301 (C.D. Cal. 2003) (holding RLUIPA unconstitutional and beyond Congress's power), affirmed on reconsideration, No. 01-04842 (C.D. Cal. Filed Aug. 21, 2003); Teen Life Christian Center, U.S. District Court for the District of Arizona, Case No. CIV 01-1490 (2003) (upholding RLUIPA); Freedom Baptist Church of Delaware County v. Township of Middletown, 204 F. Supp.2d 857 (E.D. Pa. 2002) (upholding RLUIPA). Challenges are pending in Connecticut, Hawaii, Pennsylvania, Texas, and Wisconsin.

RLUIPA places the burden on plaintiff religious landowners to prove that there is a substantial burden on their religious exercise and then shifts the burden to the government to prove that its land use law applied to the religious landowner was passed to serve a “compelling interest” and that it is the “least restrictive means” necessary to serve that interest.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.