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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).
LCS had been located in a nearby Town for many years. However, due to declining population and the need for substantial repairs to its existing building, LCS. determined that moving to another township within the same county was critical to its continued survival. LCS entered into an agreement with a church to lease space for its school in Genoa. Thereafter, the town notified the church that it was required to amend its special permit to operate the school.
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