Your Synagogue Matters. We Can Help.

When it comes to land use and zoning law, the Religious Land Use and Institutionalized Persons Act (RLUIPA) is an invaluable tool for synagogues and other religious institutions. This religious protection act prevents local governments from discriminating against religious uses in the context of zoning. If secular uses are permitted in a zone, religious uses must also be permitted. This is a federal law.

Many other claims can be raised to support local synagogue construction in a land use dispute. This includes claims under the First Amendment Free Exercise Clause, the Free Speech or Assembly Clauses, and the Fourteenth Amendment Equal Protection clause.

The facts of your case may bring other federal statutes into play as well. These additional laws could include the Fair Housing Act and the Americans with Disability Act, as well as state constitutional and statutory provisions. We evaluate each claim independently to determine what is the best strategy in moving forward so that you have 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.

Synagogues and other religious entities have the same ability to be treated fairly and equally in all zoning and land use matters as secular assembly uses. Local governments who discriminate against these institutions often violate RLUIPA and the United States Constitution.

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. Don’t hesitate to get in touch with 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.

Estimating the time it will take a case to be settled or decided in court is difficult to do because there are a number of factors involved. Generally speaking, it takes 18 months from filing a suit to the trial. During that year and a half, there will be highs and lows. Preparing for the emotional roller coaster is important, so it’s easier to manage.

Another consideration is that many factors in the case are outside of your control. There’s no way to pick the judge or prevent changes in the laws that impact your case. Therefore, accurately estimating the timeframe and exact course that’s taken is very difficult.

Litigation can be a very expensive endeavor in terms of legal fees and related costs. But it can also be more costly to forfeit your ability to use your land as you intended.

Providing an exact cost for litigation at the beginning of the process is nearly impossible. The cost partly depends on how the other party responds, which we have no control over. We can’t tell you exactly how much a case may cost, but based on our extensive experience, we can tell you the estimated cost of the case going forward.

We understand that choosing an attorney is an important decision that can feel overwhelming at times. Our job is to alleviate the burden by guiding you through the litigation process and providing legal services that deliver value.

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