Conditional Land Use Requirements and RLUIPA
In Arnold v. Versailles-Midway-Woodford County Bd. Of Adjustment, No. 2008-CA-001850-MR, 2010 WL 668664 (Ky. App. Feb. 26, 2010), plaintiffs appealed the Circuit Court’s opinion and
In Arnold v. Versailles-Midway-Woodford County Bd. Of Adjustment, No. 2008-CA-001850-MR, 2010 WL 668664 (Ky. App. Feb. 26, 2010), plaintiffs appealed the Circuit Court’s opinion and
Since January, 2010, I have flown 30256 around the United States helping religious entities in religious land use disputes. And this weekend I was reminded
In a unanimous decision, the 10th Circuit Court of Appeals upheld a jury verdict, finding that sufficient evidence was presented at trial to justify the
In reaction to the loss of several important buildings within larger metropolitan areas in the 1950’s, communities throughout the nation began grassroots efforts aimed at
Carlinville Southern Baptist Church, located in Carlinville, Illinois thought how blessed it was when it purchased a former Wal-Mart store in early 2008 to have
One of the most vexing questions in land use law is the flawed doctrine of ripeness with respect to religious land use claims. The issue
Ten years after Congress passed the Religious Land Use and Institutionalized Persons Act, local governments still argue that RLUIPA is unconstitutional claiming that it gives
Many of the cases involving RLUIPA occur after a religious entity has been at a location for a period of time, has grown and now
Before Congress enacted RLUIPA in 2000, the conventional view confirmed by judicial decisions, and lawyers like me, was that religious land uses cases would be
The fourth and fifth prongs of RLUIPA are the unreasonable limitations and exclusions clauses found at 42 USC 2000cc (2)(b)(2). In order establish a claim
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