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Second Circuit Upholds RLUIPA Verdict Against the Town of Greenburgh
The Second Circuit's recent decision in Fortress Bible Church v. Feiner, 694 F.3d 208, establishes that the Religious Land Use and Institutionalized Persons Act (RLUIPA) applies to decisions made by municipalities in the course of New York's environmental review process. In a scathing decision after trial, then-Judge Stephen Robinson of the Southern District had ruled that the Town of Greenburgh, in Westchester County, violated RLUIPA when it made a finding under New York's State Environmental Quality Review Act (SEQRA) that the proposed construction of a church could not proceed. Fortress Bible Church v. Feiner, 734 F. Supp. 2d 409.
The district court reached this conclusion, in large part, by finding that the “majority” of the Town's witnesses lacked credibility. The court went so far as to find “not only the admitted destruction of probative evidence, but the existence of evidence relevant to the issues before this Court that Defendants never produced to Plaintiffs. Outrageously, Defendants attempted to enter such previously undisclosed documents into evidence during trial.” The court therefore held “that the conduct of Defendants warrants both an adverse inference based on spoliation of evidence and sanctions.”
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