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Exclusions

RLUIPA’S Unreasonable Limitations and Total Exclusions provisions

  • August 10, 2016
  • by Daniel P. Dalton

The case of Eagle Cove Camp & Conference Center, Inc. v. Town of Woodboro, Wisconsin is an interesting case involving, in part, RLUIPA’S least litigated claims: unreasonable restrictions and total exclusions. Eagle Cove Camp & Conference Center, Inc. (“Eagle”) sought to construct a year-round Bible […]

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The latest news on the Church of Our Savior case

  • September 23, 2014
  • by Daniel P. Dalton

As reported by Action News 38, here, https://www.actionnewsjax.com/news/news/local/church-attorney-jacksonville-beach-changed-religio/nhN29/ Church attorney: Jacksonville Beach changed Religious Land Use Act on purpose before trial By Amanda Warford JACKSONVILLE BEACH, Fla. — The City of Jacksonville Beach will head to federal court Wednesday to fight a lawsuit filed by […]

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City of San Diego settles RLUIPA lawsuit with Academy of Our Lady of Peace,

  • February 20, 2013
  • by Daniel P. Dalton

As reported in today's San Diego Tribune and San Diego Reader the City of San Diego has dropped its opposition to the modernization plan of the Academy of Our Lady of Peace. The settlement combines cash payment, permits and relocation of homes The Academy of […]

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The 5th Circuit Court of Appeals enforces RLUIPA against a City who singled out a religious assembly

  • September 29, 2012
  • by Daniel P. Dalton

In yet another victory for religious land use freedom, the Fifth Circuit Court of Appeals has ruled that a federal district court in Mississippi abused its discretion when it denied a church’s motion for a preliminary injunction in an action brought under the United States […]

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The use of RLUIPA to gain access to entry of a religious facility

  • August 27, 2012
  • by Daniel P. Dalton

A federal judge has granted a Temporary Restraining Order in favor of a Mosque in Tennessee. In United States v. Rutherford County, the Islamic Center of Murfreesboro and the Civil Rights Division of the U.S. Justice Department both filed lawsuits against Rutherford County, Tennessee. The […]

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The Academy of Our Lady of Peace Religious Land Use case is heading to trial October 1

  • May 23, 2012
  • by Daniel P. Dalton

San Diego (May 23, 2012) – The Honorable Cathy Ann Bencivengo, United States District Court Judge for the Southern District of California, has set a trial date of October 1, 2012 in the case of Academy of Our Lady of Peace v. City of San […]

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Understanding RLUIPA – the Unreasonable Limitations and Exclusion Clauses

  • March 1, 2010
  • by Daniel P. Dalton

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 under these parts of RLUIPA, religious institutions must establish that religious assemblies have been totally excluded from a jurisdiction or […]

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