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A church needs to expand its facilities because of growth. A city zoning board refuses to issue the church a permit to expand its facilities because of complaints by some neighboring property owners that an expanded church would increase traffic, noise, and pollution in the neighborhood, and reduce property values. Does the church have any recourse?

Take the quiz first, then read the article for all the details.

1. A city ordinance prohibits churches and all other charitable organizations from locating in residential areas without obtaining a "special use permit" from city officials. A church applies for a permit, and a hearing is conducted at which several neighboring homeowners complain that their property valuations will decline if a church is allowed in their neighborhood. The church's application for a permit is denied. The city has violated RLUIPA.
   True or False
   
   
2. A city council decides that there are "enough" houses of worship in the city and so it refuses to allow any new or existing congregations to construct a house of worship. This ordinance violates RLUIPA.
   True or False
   
   
3. A city enacts an ordinance establishing a "landmark commission." The commission is authorized to designate any building as an historic landmark. Any building so designated cannot be modified or demolished without the commission's approval. A church is designated as an historic landmark. A few years later, the church asks the commission for permission to enlarge is facility in order to accommodate its growing congregation. The commission rejects this request, despite proof that several persons are "turned away" each Sunday because of a lack of room in the current church facility. The city has violated RLUIPA.
   True or False
   
   
4. A church is located on a major highway. It constructs a billboard on its property that contains religious messages. The city enacts an ordinance prohibiting any billboards along the highway, and a city official orders the church to remove its billboard. The city has violated RLUIPA.
   True or False
   
   
5. A federal agency orders a church to remove a radio tower on its property because the tower does not comply with federal regulations that govern the construction and maintenance of radio towers. The agency has violated RLUIPA.
   True or False
   
   
6. A public school adopts a policy prohibiting any outside group to rent or use its facilities for any purpose. A church asks for permission to rent the school gymnasium for a special religious service. The school denies this request. The church claims that the school has violated RLUIPA. There has been no violation of RLUIPA.
   True or False
   
   

The Religious Land Use and Institutionalized Persons Act specifies that state and local governments cannot subject religious organizations to a "land use regulation" (including zoning and "landmarking") that imposes substantial burdens on the free exercise of religion unless the law is supported by a compelling governmental interest. Here is the Act's key provision:

No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution—(A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest.

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