Avoiding a Zoning Battle Between "Ministry" and Municipality ...or Fighting One if You Must

Strategies for Local Governments Facing RLUIPA Claims

Recording of a 90-minute CLE teleconference with Q&A

Conducted on Monday, March 24, 2008
Recorded event now available

Description

Immediately after the Religious Land Use and Institutionalized Persons Act (RLUIPA) was signed into law in 2000, religious institutions nationwide began filing claims against municipalities alleging that zoning and land use decisions violate RLUIPA and infringe upon their right to religious freedom.

The swell of litigation continues into 2008. Courts have ordered injunctions, monetary damages and attorneys’ fees for RLUIPA violations. In light of the increased RLUIPA litigation, municipalities should reevaluate their zoning policies and practices to ensure that they comply with the law.

Listen as our panel of land use lawyers examines current RLUIPA case law trends, offers practical guidance on how to avoid RLUIPA claims and recommends steps to take when a lawsuit has been filed against your municipality.

Outline

  1. An overview of RLUIPA
  2. RLUIPA case law
    1. Challenges to overall zoning code
    2. Challenges to individual zoning decisions
  3. Interpretation and application of RLUIPA
    1. Constitutionality of the Act
    2. What is “religious exercise”?
    3. What is an “individual assessment”?
    4. What constitutes a “substantial burden” on religious exercise?
    5. “Equal treatment” of religious institutions
    6. What are “compelling government interests”?
    7. A look at “comparator” uses (e.g., assembly halls)
  4. Strategies for avoiding/addressing RLUIPA claims
    1. Review zoning regulations affecting religious institutions and how they’ve been applied
    2. Conduct study to determine how to accommodate religious uses without harming surrounding property owners
    3. Review historic preservation ordinances
    4. Fairly administer procedural requirements of land use regulations
    5. Establish internal review process for zoning requests related to religious use
    6. Follow precedent when handling a religious institution’s land use application
  5. Defending against RUIPA claims
    1. Jurisdictional challenges
    2. Proving that restrictions don’t target religious uses
    3. Proving restrictions are required to achieve land use regulatory goals
    4. Do not force religious institution to cease religious worship
    5. Proving no “substantial burden” 
    6. Attorney’s fees
  6. Where do we go from here?

Benefits

The panel reviewed these and other key questions: 

  • What types of claims are being raised in RLUIPA litigation and how have the courts responded?
  • What steps can local governments take to avoid RLUIPA challenges?
  • What strategies have been effective for local governments defending RLUIPA claims?

Faculty

Alan C. Weinstein, Associate Professor of Law and Urban Studies
Cleveland–Marshall College of Law and Maxine Goodman Levin College of Urban Affairs, Cleveland

He is a nationally-recognized expert on planning law and lectures frequently on the topic. He has extensive practice and research experience with First Amendment issues, particularly land use issues.

Adam Kingsley, Senior Attorney/Counsel
Holland & Knight, Chicago

He practices in the area of municipal law with an emphasis on litigation. He is an experienced trial attorney with expertise in constitutional law, land use and zoning.

Patricia E. Salkin, Associate Dean, Professor of Law and Director of the Government Law Center
Albany Law School, Albany, N.Y.

She is a nationally recognized expert on land use law and zoning. She teaches courses in land use law, planning law and planning ethics. She is a frequent lecturer on RLUIPA.

Ordering

Recorded Event

Includes full event recording plus handouts (available after live seminar).

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CD $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

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Customer Reviews

Tremendous program. Exceeded my expectations. Gave me things to consider that I had not previously thought about.

Bruce Henderson

Phelps Jenkins Gibson & Fowler

I received complicated information in an uncomplicated, concise and understandable manner.

Alice Mercado

Lemons, Grundy & Eisenberg

Speakers were knowledgeable enough to talk about the subject matter in an easily digestible manner.

Daniel M. Cleary

Gotham Insurance/New York Marine & General Insurance

The panelists covered the topic well and in depth.

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Edwards Angell Palmer & Dodge

We were given simple and clear answers to complex questions, lots to work with.

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