Religious Land Uses, Zoning, and the Courts in 2008

The Religious Land Use and Institutionalized Persons Act ("RLUIPA") has generated considerable litigation around the country since its passage in 2000. Abstracts of many RLUIPA decisions can be found online at www.planning.org/pel as well as on our daily RSS feed. Most often, the decision rests on whether or not a land use regulation or its implementation substantially burdens an applicant's religious exercise. This month's commentary explains the various definitions of "substantial burden" that have evolved in the courts and reviews some of the most significant RLUIPA decisions from 2008.