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Institutional land use refers to land that is used for institutions like schools, public museums, hospitals, cemeteries, and government office buildings. It is distinct in that the buildings are typically open to the public.

The Religious Land Use and Institutionalized Persons Act is often applicable, but not always. Land use disputes raised by local religious schools can be supported by a number of different claims, including those under the First Amendment Free Exercise clause, the Free Speech and Assembly clauses, or the Fourteenth Amendment Equal Protection clause.

Other federal statutes may also come into play, depending on the facts of your school land use case. These may include the Fair Housing Act and the Americans with Disabilities Act and constitutional and statutory provisions at the state level.

We evaluate each claim independently to determine the best strategy in moving forward on a claim to give you the best chance of succeeding at trial. 

For more on the question of what happens when RLUIPA doesn’t apply, watch our “What if RLUIPA doesn’t apply” video.

Religious schools and other religious entities have the same right to fair and equal treatment in zoning and land use matters as secular assembly uses. Local governments that discriminate against religious schools often violate RLUIPA and the United States Constitution. Our free guide to religious school land use and zoning may be helpful here.

Our video on what to do in the case of a zoning denial is the resource you need. The first step is to see if there are any potential internal appeals in the zoning code. If there are no internal appeals available, and if the facts of your case or the language of the zoning ordinance give you the ability to challenge the denial, you can file suit in state or federal court asserting a just cause of action under RLUIPA.

We are happy to help in these matters. Please don’t hesitate to contact us if you have any questions.

Conditional use permits permit religious use in the zoning district, but it’s not considered a right. In order to get the conditional use permit, the applicant has to meet certain requirements specified by a local governing agency.

Generally, the time frame from filing suit until you have a trial date is 18 months. The 18 months will be challenging and unpredictable. Litigation is akin to riding a rollercoaster – there are high points and low points, but not many level points. Much of the case depends on factors out of your control. The judge assigned to the case tremendously impacts how the case proceeds. The law changes as well. Simply put, there are no guarantees.

Litigation can be very difficult, and it is nearly impossible to determine upfront what the overall costs might be. Much of the answer depends on the response from the other side of the case.

While we cannot tell you how much a case may cost, we can tell you, based on our extensive experience, the anticipated cost of cases moving forward. We understand that considering potential costs and all the other factors that go into choosing an attorney can be frustrating. We will work with you to alleviate that frustration, taking the time to understand your needs so we can help you determine your budget and the scope of services that will give you the best value for your money.

We enjoy working with clients to formulate cost-effective and creative solutions so you can make the best choice for your religious school.

For more information, view our video on the time and expenses for a typical religious land use case.