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Court Rules On Motions In Church Concert Zoning Case

By Howard M. Friedman

Church of Universal Love and Music v. Fayette County, 2008 U.S. Dist. LEXIS 65564 (WD PA, Aug. 26, 2008), involves a zoning dispute in which William Pritts and the church he founded are attempting to obtain rezoning or a special exception so his congregation can continue to use property in an agricultural area for religious concerts. Plaintiffs allege that a central tenet of the Church of Universal Love and Music is the belief that "religious inspiration and community are advanced by celebration of live music."

In the case, a Pennsylvania federal district court refused to grant plaintiffs' motion for summary judgment under RLUIPA, finding that there is a substantial dispute about the sincerity of Pritts' religious beliefs. It also denied both sides motions for summary judgment on the claim that the zoning denial imposed a substantial burden on plaintiffs' religious exercise, and defendants' motion to dismiss a claim under the "unreasonable limitations" provision of RLUIPA. The court also rejected defendants' motion for summary judgment on plaintiff's 1st Amendment free exercise and free association claims. Finally the court rejected plaintiffs' claim under the "equal terms" provision of RLUIPA and their takings clause claim, and dismissed certain individual defendants from the case.

Full post as published by Religion Clause on August 29, 2008 (boomark / email).