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Land Use Regulations

A federal district court in Michigan ruled that a city violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by denying a church the right to use its property for church purposes on the basis of a parking ordinance.

Key point. The federal Religious Land Use and Institutionalized Persons Act prohibits state and local governments from imposing a land use regulation in a manner that imposes a substantial burden on the exercise of religion unless the regulation is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.

* A federal district court in Michigan ruled that a city violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by denying a church the right to use its property for church purposes on the basis of a parking ordinance. A church congregation wanted to relocate because an increasing number of members lived in another part of town. The church found a two-story building in the target area and began considering its purchase for use as a church. The building was located in a zoning district in ...

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Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

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Posted:
  • September 1, 2007

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