The Third Circuit U.S. Court of Appeals issued a lengthy opinion <http://www.ca3.uscourts.gov/opinarch/061319p.pdf> today regarding a challenge under RLUIPA. The Court ruled that an initial Long Branch, NJ land use ordinance did in fact violate RLUIPA's requirement that religious assemblies be treated on "equal terms" with non-religious assemblies.
An intervening development plan focused on building an economic center, however, does not violate RLUIPA. The panel agreed with the city 2-1 that: ...churches are by their nature not likely to foster the kind of extended-hours traffic and synergetic spending it wishes to foster in the Broadway Corridor and that churches are different from the allowed secular assemblies because, by operation of a New Jersey statute prohibiting the issuance of liquor licenses in the vicinity of houses of worship, permitting churches into the Broadway Corridor would hinder the development of the kind of modern entertainment-oriented district that Long Branch envisages. ... It would be very difficult for Long Branch to create the kind of entertainment area envisaged by the Plan one full of restaurants, bars, and clubs if sizeable areas of the Broadway Corridor were not available for the issuance of liquor licenses. Lighthouse Mission is not entitled to any injunction for the earlier ordinance's violation, but is eligible for compensatory damages and attorney's fees covering the period of time it was in effect during the Mission's application. Blog from the Capital: Third Circuit Wrestles With Zoning Laws, City's Desire to Spur Economic Development <http://www.bjconline.org/cgi-bin/2007/11/third_circuit_wrestles_with_zo\ .html> Click on "lengthy opinion" for the lengthy opinion.
