Building Code is a Land Use Regulation for Purposes of RLUIPA

The U.S. District Court for the Middle District of Tennessee held that a local church may proceed with most of its claims under the Religious Land Use and Institutionalized Persons Act (RLUIPA).  In Layman Lessons Church v. Metropolitan Government of Nashville, the Court sustained several of the Plaintiff’s claims, denying most of the Defendant’s motion to dismiss. The Court outlined the RLUIPA claims as follows: “…RLUIPA provides that no government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination. 42 U.S.C. § 2000cc(b)(2). Count II of the Second Amended Complaint alleges a violation of this provision. RLUIPA also provides that no government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution. 42 U.S.C. §…

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