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Fifth Circuit Federal Court of Appeals Strikes Down Ordinance Which Prohibited Church from Applying for Special Use Permit to Operate in a Business Zone

The court in Elijah Group v City of Leon Valley, TX, 643 F.3d 419 (5th Cir. 2011) struck down an ordinance which eliminated the right of churches to operate in its B2 zone because it wanted to create a retail corridor on a certain road. However, the Religious Land Use and Institutionalized Persons Act (RLUIPA) passed by Congress 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 USC §2000 cc (b) (1). Since a nonreligious entity could apply for a special use permit to operate in the same area, the court held that the ordinance violated RLUIPA. http://www.ca5.uscourts.gov/opinions/pub/10/10-50035-CV0.wpd.pdf