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Imposition of Proposed Land Use Ordinance Held To Be Covered By RLUIPA

By Howard Friedman

On Friday, a Tennessee federal district court handed down a 44-page decision in Layman Lessons, Inc. v. City of Millersville, Tennessee, (MD TN, March 7, 2008). The facts are described in an ACLJ press release: "Problems arose for Layman Lessons, a Christian ministry formed to aid the homeless and destitute, when it first applied for a use permit for a commercially zoned property in Millersville, a town 17 miles north of Nashville. Shortly after the ministry applied for a permit the city planner, James Lech, issued a letter rejecting the application due to a then-pending ordinance that, if passed, would have limited all religious and non-profit uses on any commercial lot in the city. City Manager Robert Mobley supported Mr. Lech?s recommendation. The effect of these actions was to place Layman Lessons? application on indefinite hold."

The court ruled that the permit had been wrongly denied to Layman Lessons. In the course of an opinion that dealt with a wide range of issues, the court concluded that a city can be vicariously liable under RLUIPA for the actions of its employees. It went on to hold that the attempted imposition of a proposed ordinance that has not yet been enacted is nevertheless the imposition of a land use regulation under RLUIPA. It found that the initial denial of the occupancy permit imposed a substantial burden on Layman Lessons' exercise of religion and violated RLUIPA. The court also found a due process violation in the enforcement of an inapplicable buffer-strip zoning ordinance. The court awarded Layman Lessons nominal damages and attorneys' fees.

Full post as published by Religion Clause on March 11, 2008 (boomark / email).