The Religious Land Use and Institutionalized Persons Act (RLUIPA) provides vital protections for religious institutions facing discriminatory or unduly burdensome land use regulations. But what happens if a religious institution believes its RLUIPA rights have been violated? What kind of relief can they seek? In this blog post, we’ll explore the various remedies available to those who successfully bring a RLUIPA land use claim.
Understanding RLUIPA Land Use Claims
Before we dive into the remedies, let’s quickly recap what a RLUIPA land use claim entails. RLUIPA has several provisions that can come into play in land use disputes, including:
- Substantial Burden: Prohibits government actions that place a substantial burden on religious exercise in land use decisions, unless the government can prove a compelling interest and that it used the least restrictive means.
- Equal Terms: Requires that religious assemblies or institutions be treated on equal terms with non-religious assemblies or institutions in land use regulations.
- Nondiscrimination: Prohibits discrimination against religious assemblies or institutions in land use decisions.
Types of Relief in RLUIPA Cases
If a religious institution prevails in a RLUIPA land use claim, they may be entitled to various forms of relief, including:
- Injunctive Relief: This is the most common remedy in RLUIPA cases. Injunctive relief is a court order that compels the government to take (or refrain from taking) a specific action. In the RLUIPA context, this often means ordering the government to grant a permit, modify a zoning ordinance, or cease enforcement of a discriminatory regulation.
- Declaratory Relief: A declaratory judgment is a court ruling that clarifies the rights and legal obligations of the parties involved. In a RLUIPA case, this could mean a court declaring that a particular land use regulation is unconstitutional or violates RLUIPA.
- Attorney’s Fees and Costs: RLUIPA includes a provision allowing prevailing parties to recover reasonable attorney’s fees and costs. This can be a significant factor in encouraging religious institutions to assert their rights under the law.
- Monetary Damages: Monetary damages are sometimes available in RLUIPA cases, particularly if the religious institution can prove that it suffered financial harm due to the government’s actions.
Factors Influencing the Remedy
The specific relief granted in a RLUIPA case will depend on various factors, including:
- The nature of the violation: The type of violation (substantial burden, equal terms, or discrimination) can influence the available remedies.
- The harm suffered: The extent of the harm suffered by the religious institution, whether it be financial, operational, or otherwise, will be considered.
- The government’s conduct: The court may take into account the government’s conduct, including whether it acted in good faith or showed a pattern of discrimination.
Important Considerations
If you’re considering a RLUIPA land use claim, here are a few important points to keep in mind:
- Timeliness: RLUIPA has a statute of limitations, meaning there’s a deadline for filing a lawsuit.
- Exhaustion of Administrative Remedies: In many cases, you may need to exhaust administrative remedies (e.g., appealing a zoning decision) before filing a lawsuit.
- Legal Counsel: It’s crucial to consult with an attorney experienced in RLUIPA litigation to understand your rights and options.
If you are considering filing a RLUIPA land use claim and thinking through the remedies available to you, please reach out to Daniel Dalton or one of the professionals at Dalton & Tomich, PLC to discuss your case.
