Representative Matters

AL MADANY ISLAMIC CENTER OF NORWALK, INC. V. CITY OF NORWALK, CONN. ALBANIAN ASSOCIATED FUND V. TOWNSHIP OF WAYNE, N.J. AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE V. PRISON FELLOWSHIP MINISTRIES BENSALEM MASJID V. BENSALEM TOWNSHIP, PA BERKOWITZ V. EAST RAMAPO CENTRAL SCHOOL DISTRICT, N.Y. BETHEL WORLD OUTREACH MINISTRIES V. MONTGOMERY COUNTY, MD. BIKUR CHOLIM, INC. V. VILLAGE OF SUFFERN, N.Y. BUDDHIST EDUCATION CENTER OF AMERICA, INC., V. CITY OF VIRGINIA BEACH, VA. CHABAD JEWISH CENTER OF TOMS RIVER V. TOWNSHIP OF TOMS RIVER, N.J. CHRISTIAN COMMUNITY CHAPEL WESLEYAN CHURCH V. TOWNSHIP OF HILLSBOROUGH CONAWAY V. DEANE CONGREGATION HEICHEL DOVID CONGREGATION KOLLEL V. TOWNSHIP OF HOWELL, N.J. CONGREGATION MISCHKNOIS LAVIER YAKOV V. BOARD OF TRUSTEES FOR THE VILLAGE OF AIRMONT, N.Y. CONGREGATION RABBINICAL COLLEGE OF TARTIKOV V. VILLAGE OF POMONA, N.Y. DAYALBAGH RADHASOAMI SATSANG ASSOCIATION OF NORTH AMERICA V. TOWNSHIP OF OLD BRIDGE, N.J. EAGLE COVE CAMP & CONFERENCE CENTER V. TOWN OF WOODBORO, WISC. FAITH TEMPLE CHURCH V. TOWN OF BRIGHTON, N.Y. FIRST PENTECOSTAL UNITED HOLY CHURCH V. CITY OF CHESAPEAKE, VIRGINIA FISHERMEN OF MEN CHURCH, APPLICATION OF, D.C. GREAT LAKES SOCIETY V. GEORGETOWN TOWNSHIP, MICH. GREENWICH REFORM SYNAGOGUE V. TOWN OF GREENWICH, CONN. HARBOR MISSIONARY CHURCH V. CITY OF SAN BUENAVENTURA, CAL. HINDU TEMPLE AND CULTURAL SOCIETY OF USA V. BRIDGEWATER TOWNSHIP, N.J. MOXLEY V. TOWN OF WALKERSVILLE, MD. NATIONAL COMMITTEE FOR AMISH RELIGIOUS FREEDOM NAVAJO NATION V. UNITED STATES FOREST SERVICE NEW BEGINNINGS CHRISTIAN FELLOWSHIP V. TOWNSHIP OF BRICK PARAMESWARAN V. MYSOREKAR RIVERDALE BAPTIST CHURCH V. ANNE ARUNDEL COUNTY, MD. ROCKY MOUNTAIN CHRISTIAN CHURCH V. BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY SAHANSRA V. WESTCHESTER COUNTY HEALTH CARE CORPORATION SPIRIT OF ALOHA TEMPLE V. COUNTY OF MAUI ST. JOHN UNITED CHURCH OF CHRIST V. INDIANAPOLIS HISTORIC PRESERVATION COMMISSION, IND. ST. JOHN´S UNITED CHURCH OF CHRIST V. CITY OF CHICAGO THIRD CHURCH OF CHRIST, SCIENTIST V. DISTRICT OF COLUMBIA HISTORIC PRESERVATION REVIEW BOARD TROTMAN V. BEN GILMAN SPRING VALLEY MEDICAL AND DENTAL CLINIC YESHIVA GEDOLA NA'OS YAAKOV V. OCEAN TWP., N.J.

Bensalem Masjid v. Bensalem Township, PA

09/25/2015: Catholic News reports on Bensalem, Pa. decision

"Mosque can proceed with RLUIPA challenge to denial of use variance," Catholic News Live (Sept. 25, 2015)

09/23/2015: Federal court rules against Bensalem, Pa. in RLUIPA case challenging denial of use variance

In rejecting the Township's argument that a house of worship must petition for rezoning before it can file a RLUIPA action, the court noted that "Defendants do not cite any case from any jurisdiction holding that the failure to apply for rezoning prevents review of a denial of a use variance." The court also rejected nearly all of the Township's arguments that the Bensalem Masjid's Complaint failed to state various claims under RLUIPA, the federal Constitution, and the Pennsylvania Religious Freedom Protection Act. The Masjid is represented by S&G, together with Pennsylvania counsel Ryan Houldin. The decision is available here. An analysis of the decision is available here.

12/10/2014: Philadelphia Magazine article on Bensalem litigation

Philadelphia Magazine reports on S&G client Bensalem Masjid's lawsuit against Bensalem Township, Pa.

Bensalem has its fair share of churches and other houses of worship. The Bucks County township of 60,000 has Catholic churches, Protestant churches, synagogues, a Jehovah’s Witness Kingdom Hall, and a Buddhist Temple. And there are two Hindu temples under development. But if you’re a Bensalem Muslim, you’re out of luck, because Bensalem doesn’t have a mosque. Instead, local Muslims meet once a week for Friday prayers inside a rented fire hall. The Bensalem Masjid, a religious organization with some 200 families in its congregation, wants to change that but says that Bensalem Township and its Zoning Hearing Board haven’t exactly rolled out the red carpet for its proposed mosque (rendering above) on the 3800 block of Hulmeville Road, which has several other houses of worship within a one-mile radius. And now the group has filed a lawsuit (below) against the township and the board in federal court.

The comments to the article speak not-so-eloquently to the need for RLUIPA.

V. Fiorillo, "Bensalem Muslims Say Township Won't Let Them Build a Mosque," Philadelphia Magazine (Dec. 10, 2014)

12/08/2014: Bensalem Masjid challenges Township's zoning scheme regulating religious institutions

On December 8, 2014, the Bensalem Masjid filed suit against Bensalem Township and the Bensalem Township Zoning Hearing Board, asserting its rights under RLUIPA, the First Amendment, and Pennsylvania's Religious Freedom Protection Act for the Township's failure to permit it to use its property as a house of worship. This Masjid's Complaint states:

Bensalem Township’s scheme for regulating religious land uses—by banning places of worship throughout the Township except for scant individual parcels located throughout its jurisdiction and already occupied—effectively grants the Township and Board unbridled discretion to permit favored religious land uses and prohibit disfavored religious land uses, including the Bensalem Masjid.

The Township's Zoning Hearing Board also denied the Masjid a use variance, although it has granted several variances to other religious organizations in similar circumstances.

More information coming soon.