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 ReporterFeaturesLand Use and PlanningLJN Newsletters

Requiring a Religious Use to Locate in Another Township Is Not a Substantial Burden Under RLUIPA

By Steven M. Silverberg

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.

Background

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
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?

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.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Protecting Innovation in the Cyber World from Patent Trolls Image

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.