July 31, 2017 Article

RLUIPA and Islamic Society of Basking Ridge v. Township of Bernards: Defining and Protecting the Intersection of Property Law and Religious Freedom for All Faiths

Under RLUIPA, when a planning board interprets "church" as "Christian church" for the purposes of onsite parking requirements, strict liability applies

by Steven W. Dimitt, Esq., Michael L. Knapek, Esq., and Maggie Burreson

The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) embodies two American ideals: the right to own property and the right to practice one’s religion freely.  RLUIPA protects persons of all faiths, not just Christians. This reality was recently illustrated in Islamic Society of Basking Ridge v. Township of Bernards, 226 F. Supp.3d 320 (D.N.J. 2016).

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