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Attorneys Fees Awarded In RLUIPA Case That Resulted In Nominal Damage Award

By Howard Friedman

In Layman Lessons v. City of Millersville, 2008 U.S. Dist. LEXIS 34996 (MD TN, April 29, 2008), a Tennessee federal district court, in a religious land use case, awarded plaintiff Layman Lessons nearly $60,000 in attorneys fees and costs. The court said: "the fact that Layman Lessons originally sought compensatory damages but was ultimately only awarded $ 2.00 in nominal damages does not mean in this particular case that its success was merely technical or de minimis. Even though the damages award was minimal, Layman Lessons achieved its primary objective: the vindication of its rights." In the case (see prior posting) the court found that the initial denial of an occupancy permit for commercially zoned property to a Christian ministry imposed a substantial burden on its exercise of religion and violated RLUIPA. The court also found a due process violation in the enforcement of an inapplicable buffer-strip zoning ordinance to prevent use of the land by the ministry that was formed to aid the homeless.

Full post as published by Religion Clause on May 01, 2008 (boomark / email).