Congress enacted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq (“RLUIPA”), to protect churches and houses of worship from the covert discrimination often embedded in land use regulations. The RLUIPA provides churches and other religious institutions with increased protections during local land use and zoning decisions. For example, RLUIPA provides that all religious institutions musts be treated equally with nonreligious institutions. RLUIPA also provides relief when a land use or zoning decision imposes a substantial burden on a church’s religious exercise.
In any action brought under RLUIPA the facts are extremely important. Additionally, as seen in a recent decision out of Missouri how the complaint articulates the facts is often outcome determinative in RLUIPA actions. In Shockley v. Adams, No. 4:25-cv-01513-SRC, 2025 WL 2899035 (E.D. Mo. Oct. 11, 2025)., the court dismissed a prisoner’s RLUIPA claim specifically emphasizing the multiple failures of the complaint to plead necessary facts or to demonstrate how the facts plead support the RLUIPA claim. Of note the complaint, failed to demonstrate how the actions of the government “substantially burden, or burden at all, his exercise of religion.” Elsewhere the complaint fails to sufficiently demonstrate the religious significance of Mr. Shockley’s requests. As a result, the court dismissed the complaint.
Unfortunately, this kind of scenario is increasingly common in federal courts. If the complaint is not explicit as to each required element of any claim, and especially for RLUIPA claims, there is a high chance it will be dismissed. Often times, the complaint will be dismissed “with prejudice” meaning that the injured party cannot file a second complaint that resolves the deficiencies. Due to this risk, it is imperative that you consult an attorney prior to filing any legal action. Even more so in highly specialized areas of the law like RLUIPA.
An experienced RLUIPA litigator will be able to draft a complaint that not only survives a motion to dismiss and begin the process of educating the court about the intricacies of RLUIPA. Through their familiarity in litigating RLUIPA cases, an experienced attorney knows each necessary provision of RLUIPA and has a keen eye for the factual details, which may seem mundane to the untrained eye, that will sway a case. Additionally, this fluency with RLUIPA means an experienced RLUIPA litigator will draft your complaint to specifically identify each and every fact which contributes to the RLUIPA claim. The facts are extremely important in RLUIPA cases, it is imperative that your complaint include all facts which could possibly effect the outcome and clearly tie each fact to the claim.
The attorney’s at Dalton & Tomich PLC are highly experienced in handling all RLUIPA claims, and have done so across the country. We stand ready to help all religious organizations which have had their rights trampled by local government’s through adverse land use and zoning decisions.
About Dalton + Tomich
Established in 2010, Dalton + Tomich PLC is comprised of religious liberty, land use, denominational trust law, and business law attorneys. Our team are experts in RLUIPA claims and ready to fight for your rights. Learn more about our services at https://www.daltontomich.com/
