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6th Circuit Holds Administrative Finality Needed Before Suing Under RLUIPA

By Howard M. Friedman

In Grace Community Church v. Lenox Township, (6th Cir., Oct. 10, 2008), the U.S. 6th Circuit Court of Appeals held that before a property owner may file suit under RLUIPA to challenge a zoning decision, the property owner must have obtained a final, definitive position from zoning authorities. Here the court dismissed a challenge to a special use permit revocation by the Lenox Township, Michigan Planning Commission, finding that Grace Community Church filed suit before it attempted to explain or rebut evidence presented against it and without appealing the revocation to the Zoning Board of Appeals. The court also concluded that the same ripeness objections applied to the Church's equal protection claim." (See prior related posting.) [Thanks to Brian D. Wassom for the lead.]

Full post as published by Religion Clause on October 10, 2008 (boomark / email).