108 F. Supp. 3d 1259
M.D. Fla.2015Background
- Church of Our Savior sued the City of Jacksonville Beach under RLUIPA, alleging unequal treatment in denial of a conditional use permit (CUP) to build a church; the court previously found a violation of the Equal Terms provision and moved to remedies.
- Court ordered the City to issue a CUP but allowed the City to impose reasonable conditions under its Land Development Code (LDC); Planning Commission issued a CUP with six conditions.
- Church objected to several conditions (notably a preclusion on seeking variances and a 12-month deadline to secure development plan approval); City moved for reconsideration of the liability ruling.
- Court denied City’s motions for reconsideration, finding no newly discovered evidence or intervening law and that the City’s filing amounted to relitigation.
- Court struck the clause barring the Church from seeking variances (Condition 1) and modified the 12-month deadline (Condition 5) to run from final resolution of the federal case; it otherwise upheld the conditions.
- The Church sought $851,352.59 in fees and costs under 42 U.S.C. § 1988; the court reduced hourly rates and hours, disallowed some travel and expense items, declined a lodestar enhancement, and awarded $305,147.76 total.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether City’s motions for reconsideration should be granted | City argues court erred and presents additional case law and distinctions between Church and comparator school | No new evidence or law; motion is an improper attempt to relitigate and reframe issues | Motions denied — no manifest error, no new evidence or intervening law |
| Validity of comparator for RLUIPA Equal Terms claim | Church contends Discovery Montessori School is a proper secular comparator demonstrating unequal treatment | City argues the projects differ in significant respects so are not "similarly situated" | Court reaffirms Discovery Montessori as valid comparator and upholds its Equal Terms ruling |
| Challenge to CUP conditions (variance ban, fence, pedestrian easement, 12-month deadline) | Church objects to precluding variance applications and to onerous deadline and some easement/fence terms | City defends conditions as reasonable under LDC and necessary for ingress/egress and protection of City property | Court struck prohibition on seeking variances; upheld fence and pedestrian-only easement; modified Condition 5 deadline to run from final federal resolution |
| Attorney’s fees and costs under § 1988 | Church requests $851,352.59 (with enhancement) arguing prevailing-party status and market rates justify amount | City contends rates/hours and many expenses are excessive; urges large reductions | Court set rates ($325 Dalton, $157.25 Brink, $225 Stambaugh), found hours excessive, denied enhancement, reduced hours/expenses by 50% leading to $305,147.76 award |
Key Cases Cited
- Arthur v. King, 500 F.3d 1335 (11th Cir.) (standard for motions for reconsideration)
- Campbell v. Rainbow City, Ala., 434 F.3d 1306 (11th Cir.) (similarity standard for comparators in Equal Terms analysis)
- Norman v. Housing Authority of Montgomery, 836 F.2d 1292 (11th Cir.) (standards for determining reasonable hourly rate for fee awards)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S.) (lodestar analysis and reduction for partial success)
- Perdue v. Kenny A., 559 U.S. 542 (U.S.) (limits on lodestar enhancements; enhancement burden on fee applicant)
- Bivins v. Wrap It Up, Inc., 548 F.3d 1348 (11th Cir.) (methods for reviewing fee sufficiency and reductions)
- Dillard v. City of Greensboro, 213 F.3d 1347 (11th Cir.) (client-paid rates as strong evidence of market rate)
- Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.) (Johnson factors for fee determinations)