Mark your calendars: Dwight Merriam and his team at Robinson & Cole are conducting a webinar/teleconference CLE, “Religious Land Use and Institutionalized Persons Act Claims – Strategies for Local Governments to Avoid or Defend RLUIPA Actions.” Also on the faculty is Professor Marci Hamilton, one of the nation’s leading church/state scholars and
Amicus Brief In RLUIPA Case: Planning Is A “Compelling Interest” Justifying Denial Of Church’s Request For Rezoning
Update: cert denied.
This might be academic at this point, since this case was up for consideration by the Court at the September 26, 2011 conference and it didn’t make the grant list (yet). But the amicus brief filed by the local chapter of the American Planning Association in City of San Leandro v.
“The numbers are from [the appellants’] motion for attorney’s fees. Their mathematics appears to be incorrect. But who is going to care about a few dollars?”
Not the California Court of Appeals, Second District. Edna Valley Watch v. County of San Luis Obispo, No. B223653 (Aug 2, 2011), slip op. at 2, n.2 .
Oh yeah, the holding: administrative proceedings are “actions” thus entitling parties — opponents of the building of a church — who participated in those proceedings and
New Cert Petition: What Standard Of Review For RLUIPA “Substantial Burden” Cases?
In a case we’ve been following, a San Francisco Bay Area municipality has filed a cert petition asking the U.S. Supreme Court to review the Ninth Circuit’s opinion in International Church of the Foursquare Gospel v. City of San Leandro, No. 09-15163 (Feb. 15, 2011). In that case, the Ninth Circuit held that the
9th Circuit: Church’s Use Permit Requirement Violates RLUIPA Equal Terms
We tend not to think of churches as “blighting” their neighborhoods. But what about a church in a downtown “entertainment” district, where the nearby businesses are bars, nightclubs, and liquor stores, and placing a church in the area might limit the availability of liquor licenses?
In a sort of reversal of the usual LULU (locally
Upcoming CLE And ABA State & Local Govt Law Section Meeting (Portland)
Next week (May 12 – 15, 2011), the ABA Section of State & Local Government Law is meeting in Portland, Oregon.
This is our Spring Meeting (complete agenda here), and is co-sponsored by the Urban Land Institute and the American Planning Association. In addition to the business and administrative meetings (I promise, the meeting
“Now, What’s The Use Of Having A Religion, If When You’re Dead Your Troubles Never Cease…”
Hat tip: the Clancy Brothers‘ “They’re Moving Father’s Grave to Build a Sewer” (via Gideon Kanner). As we noted in our earlier post, life has imitated art: Chicago is seeking to take cemetery and move the graves in order to expand O’Hare airport.
As reported here (“High court ducks battle between
Book Review: Federal Land Use Law and Litigation, 2010 edition
I’ve just received my copy of the 2010 revision of Federal Land Use Law & Litigation by Brian W. Blaesser and Alan C. Weinstein (West, $225).
Here’s the description of the book from West’s site:
Examines all federal, constitutional, and statutory limitations on local land use controls, discussing cases, regulations, liability, defense strategies, doctrines, and
Friday Round-Up: Kagan On Property, RLUIPA, Second Amendment, CEQA, And Title VII (Yes, Title VII)
What we’re reading today – not all of it property or land use law related:
- SCOTUS Nominee Kagan on Property Rights (The Eminent Domain Law Blog)
- River of Life Kingdom Ministries v. Villlage of Hazel Crest, No. 08-2819 (7th Cir., July 2, 2010) (en banc) – the Seventh Circuit details the proper standard for
Wednesday Potpourri: Inverse Condemnation And Beaches, Rail Takings, And More “Adult-Oriented” Land Use
Here are items we’re reading today, in no particular order:
- Bill Ward’s thoughts on Klumpp v. City of Avalon, the recent New Jersey Supreme Court case about inverse condemnation and beach restoration. Our take here.
- From Honolulu Civil Beat comes Michael Levine’s recent three-part series on the multi-billion dollar Honolulu rail project. Start