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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.
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By Stewart E. Sterk
In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York’s court system in the aftermath of last decade’s mortgage crisis.
Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions
Seller Denied Summary Judgment on Purchaser’s Fraudulent Inducement Claim
Fraudulent Transfer Claim Reinstated
Questions of Fact Preclude Summary Judgment on Counterclaim for Improper Diversion of Water
Supreme Court Improperly Denied Specific Performance to Purchasers
Delay In Vacating a Default Justifies Application of Laches Doctrine to Prior Mortgagee
Mortgagor Who Failed to Appear Not Entitled to Vacate Foreclosure Sale
Judgment Lien Enforced Despite Error In Docketed Amount
Tenant Entitled to Terminate Lease When Premises Were Not Broom Clean
Provision Ending Discounted Rate If Tenant Pays Late Is Unenforceable
By NYRE Staff
Use Variance Denial Upheld