Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Supreme Court Denies Cert in RLUIPA Case
The Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc et seq. (RLUIPA), has been a controversial statute, particularly among small municipalities. The federal statute prohibits implementation of a land use regulation “in a manner that imposes a substantial burden on the religious exercise of a person, including a religious … institution,” unless the government demonstrates that imposition of the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest 42 U.S.C. 2000cc (a)(1). The broad and somewhat vague definition of religious exercise in the statute has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise. The statute's definition “includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” 42 U.S.C 2000cc-5(7)(A).
In April 2018, the Supreme Court denied a writ of certiorari in a case which appeared, to those of us who have been following RLUIPA decisions, to be inconsistent with the relatively strict interpretation applied in previous decisions. See, Livingston Christian Sch. v. Genoa Charter Twp., No. 17-914, 2018 WL 1994815 (U.S. Apr. 30, 2018). The Sixth Circuit had decided that the mere fact that a small town had precluded a religious use was not a violation of RLUIPA, if there were opportunities for the religious use to locate in nearby communities.
Facts in Livingston
The Livingston Christian School (LCS), a non-denominational religious school, sought to move to the Township of Genoa and rented space in a local church. The Town denied a special use permit that was required to operate the school. The District Court for the Eastern District of Michigan awarded summary judgment to the town, and the Sixth Circuit affirmed in Livingston Christian Sch. v. Genoa Charter Twp., 858 F.3d 996, 998 (6th Cir. 2017), cert. den. — S.Ct. —-, 2018 WL 1994815 (Mem).
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- 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
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
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
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.
A Lawyer's System for Active Reading
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.
The DOJ's Corporate Enforcement Policy: One Year Later
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.
Blockchain Domains: New Developments for Brand Owners
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.