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Real Estate & Property Law
: Law of the LandFed. Dist. Court in NY Holds Legislative Privilege Inapplicable in ?Class of One? Equal Protection Claim Over Application of Zoning Amendment
By Patricia Salkin
Full post as published by Law of the Land on May 05, 2012 (boomark / email).
EQUAL PROTECTION: Fed. Dist. Ct. enjoins South Dakota ban on concealed carry permits for legal resi
EQUAL PROTECTION: Fed. Dist. Ct. enjoins South Dakota ban on concealed carry permits for legal resident aliens. “Not decided on Second Amendment or other RKBA grounds. Very straightforward application of existing doctrine on equal protection and legal aliens...
Pleading Class of One Equal Protection Land Use Claims
The most easily recognizable equal protection claim is one in which the plaintiff claims membership in a protected group, and some form of discrimination against the class. Another type of equal protection claim is the "class of one" claim under...
Two New Hampshire Churches File RLUIPA Challenges To Zoning Denials
Today's Nashua (NH) Telegraph reports on two separate RLUIPA zoning lawsuits filed in federal district court in New Hampshire. In Merrimack Congregation of Jehovah's Witnesses v. Town of Merrimack, (D NH, filed 12/16/2010) (full text of complaint), plaintiffs allege violations of RLUIPA and the state and federal equal protection clauses...
Cal Ct App: Facial Equal Protection Challenge To Zoning Ordinance Cannot Tag Along With Invalid As-Applied Challenge, Man
In County of Sonoma v. Superior Court, No. A128734 (Dec. 15, 2010), the California Court of Appeal, First District concluded that an equal protection challenge to the requirement in Sonoma County's zoning code that medical marijuana dispensaries obtain a permit...
Absence of Class of One Equal Protection Claim in Employment Leads to Reversal
Relying on the recent Supreme Court decision in Engquist (blogged about previously here and here) that held that there is no class of one equal protection claim for public employees, the Second Circuit has reversed a lower court decision that...
California Church Loses Challenge To Rezoning Denial
In International Church of the Foursquare Gospel v. City of San Leandro, 2008 U.S. Dist. LEXIS 105525 (ND CA, Dec. 22, 2008), a California federal district court rejected RLUIPA, First Amendment, due process and equal protection challenges to San Leandro, California's refusal to rezone industrial property a church had agreed to buy to "assembly" use...
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