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

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?

CLE Credit

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