The National League of Cities partnered with the International Municipal Lawyers Association Cases relevant to JSRM vs. Asbury Park: ====================================
STATE COURTS Religious <ST Use and Institutionalized Person Act In Greater Bible Way Temple of Jackson v. City of Jackson, MI, the issue before the Michigan Supreme Court is whether a City's decision not to rezone residential property was an "individualized assessment" under First amendment jurisprudence as required for jurisdiction under RLUIPA. In a similar case, Town of Foxfield, Colorado v. Archdiocese of Denver, the issue before the Colorado Supreme Court is whether the town's parking ordinance and enforcement provisions result in an "individualized assessment" in violation of the RLUIPA; whether religion and religious entities and buildings sufficiently touch on interstate commerce to invoke RLUIPA, and whether the Colorado's Freedom to Gather to Worship Act was properly applied. The National League of Cities partnered with the International Municipal Lawyers Association in both cases to file a joint brief discussing Supreme Court First Amendment jurisprudence. Zoning and Land Use In Albuquerque Commons Partnership v City of Albuquerque, the issue is whether a change to a comprehensive plan affects a taking of property that can no longer be developed in the particular manner the owner desires. Notable in this case is the subsequent successful development of the property under the new comprehensive plan. This case is on appeal to the New Mexico Supreme Court. Religious Land Use and Institutionalized Persons Act (RLUIPA) In Elsinore Christian Center v. City of Lake Elsinore, (No. 04-55320) the Ninth Circuit on August 22, 2006, overturned a lower court ruling and held that the land use portion of RLUIPA, Section 2(a), is constitutional. The case concerned the City's denial of a conditional use permit requested by a church. Taking judicial notice of an earlier brief filed by NLC and IMLA in another RLUIPA matter,the district court below struck down the land use portion as unconstitutional, the first such ruling against the law. NLC joined the amicus brief prepared on behalf of the League of California Cities in support of the City. 1. _http://nlc.org.bluenile.doceus.com/Advocating_For_Cities/Court_Cases/?TYPE=popup_ (http://nlc.org.bluenile.doceus.com/Advocating_For_Cities/Court_Cases/?TYPE=popup) MMM ************************************** See what's new at http://www.aol.com
