How to Avoid a "Holy War"—Dealing With Potential RLUIPA Claims

Abstract

The Religious Land Use and Institutionalized Persons Act (RLUIPA) is in the news and in the courts. On January 15, the headline read "Mamaroneck village to pay $4.75M to yeshiva." The settlement agreement brings to an end a five-year dispute between the Westchester Day School and the village. The village spent more than $900,000 in legal fees fighting the Orthodox Jewish school's expansion project. How might this RLUIPA battle have been avoided? This month's commentary addresses that question—not specifically the Mamaroneck battle but in general: What should a local government attorney know about RLUIPA to (hopefully) avoid a RLUIPA claim? This commentary will be part of a new book about RLUIPA to be published later this year by the American Bar Association, with cosponsorship by the American Planning Association.