RLUIPA | religious land use

In Grand v. City of University Heights, No. 24-3876 (Nov. 13, 2026), the U.S. Court of Appeals for the Sixth Circuit held that a complaint alleging a RLUIPA claim and others was not ripe because they are “land use” claims subject to Williamson County‘s final decision requirement.

A neighbor was “displeased” that Grand

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Here’s a case that isn’t about takings and our usual fare, but is nonetheless an example of how dirt law can be fascinating.

In Hilo Bay Marina, LLC v. State of Hawaii, No. SCAP-23-0000310 (Sep. 12, 2025), the Hawaii Supreme Court held that a restriction in a land patent issued by the State of Hawaii’s predecessor-in-interest (the Territory of Hawaii) in 1922, that limited the uses of the land to “Church purposes only” cannot be enforced under the state constitution’s establishment clause.

Continue Reading Restriction In Gov’t-Granted Deed Limiting Uses To “Church purposes” Can’t Be Enforced

The latest episode of the Is That Even Legal?” podcast features a familiar voice, that of former Eminent Domain Podcast host, Clint Schumacher who joins host Bob Sewell as a guest to discuss takings by eminent domain, and by overregulation. 

Clint joins the ITEL Podcast to discuss a situation that has been in

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Registration is open and underway for this year’s edition of the Rocky Mountain Land Use Institute in Denver, March 5-7, 2025. Location: University of Denver Sturm College of Law.

This conference is more what we’ll call “land usey” than ALI-CLE’s Eminent Domain & Land Valuation Litigation Conference (as the respective titles suggest), but there’s a

This is one we’ve been meaning to post for a while, but something else always seemed to intervene.

In BMG Monroe I, LLC v. Village of Monroe, No. 22-1047 (Feb. 16, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a statutory and constitutional challenge to the Village’s .

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There are some rewards for working late in the 808

Yesterday was the last day of instruction for the Spring 2024 semester at the University of Hawaii Law School. Did these last few months ever go by fast. 

A big thank you to Professor Mark M. Murakami, with whom I guest-lectured at the Old

Here are the cases that Michael Berger and I discussed in today’s presentation to the ABA State and Local Government Law Section’s Land Use group. It was good seeing everyone, even virtually:

You remember that longstanding trope: that matters of land use are “local” issues, and thus in civil rights claims involving a state or local government interfering with the right of property federal courts should avoid adjudication until the government has had every chance to do the right thing (even where it is patently obvious that

Before you get too excited by the U.S. Court of Appeals for the Sixth Circuit’s opinion in Catholic Healthcare Int’l, Inc. v. Genoa Twp., No. 22-2139 (Sep. 11, 2023), a spoiler up front: this may be a good ripeness decision, but this isn’t a takings case.

But you takings mavens may still want