843 F. Supp. 2d 1328
N.D. Ga.2012Background
- Church of Scientology sought rezoning to convert 11,193 sq ft basement/garage to religious use and expand building from 32,053 to 43,916 sq ft.
- City of Sandy Springs approved rezoning only for 32,053 sq ft due to parking constraints.
- Parking calculations under Parking Ordinance 18.2.1 used a multi-use formula; initial staff calc required 148 spaces, later revised to 130 spaces after parking studies.
- Staff recommended conditional approval subject to parking solutions or variances; Planning Commission denied the First Alternate Conditions, City Council ultimately approved rezoning with size cap, denying full expansion.
- Plaintiff asserted RLUIPA and constitutional claims; court granted reconsideration on nondiscrimination claim, vacated prior order, and scheduled a bench trial with mediation.
- Court proceeded with summary judgment motions, discussing ripeness, substantial burden, equal terms, and nondiscrimination under RLUIPA, with mixed partial grants and denials and recommendation for mediation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RLUIPA substantial burden under §(a) | Scientology claims City imposed a substantial burden by limiting space and denying basement use. | City claims zoning allowed church use but with size limitation to ensure parking; no undue burden. | Genuine questions of fact remain; not resolved on summary judgment. |
| RLUIPA equal terms and nondiscrimination under §(b) | City treated Plaintiff differently from similarly situated churches. | Parking rules applied neutrally; comparisons insufficient; no proof of denial of equal terms or discrimination. | Discrimination claims survive summary judgment to be resolved at trial. |
| RLUIPA exclusions and limits provision | City’s limits effectively barred religious use within jurisdiction. | Regulation otherwise neutral and not unreasonably limiting religious assemblies. | Summary judgment granted for County on this provision; issue reserved for trial on remaining disputes. |
| Free speech and related First Amendment claims | Actions burden religious expression on site. | Zoning allowed church use; denial did not bar speech/assembly. | Free exercise and related free speech claims remain viable; denied for complete resolution on summary judgment. |
Key Cases Cited
- Midrash Sephardi, Inc. v. Town of Surfside, 366 F.3d 1214 (11th Cir. 2004) (RLUIPA substantial burden and equal terms framework; individualized assessment concept)
- Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252 (U.S. 1977) (discriminatory intent proof framework for equal protection in land use)
- Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (U.S. 1993) (neutral regulations with discriminatory purpose analysis foundational to RLUIPA reasoning)
- Living Water Church of God v. Charter Township of Meridian, 258 F. App’x 729 (6th Cir. 2007) (substantial burden standards in church-building context; as-applied challenges)
- Covenant Christian Ministries, Inc. v. City of Marietta, 654 F.3d 1231 (11th Cir. 2011) (RLUIPA nondiscrimination/compelling interest standard applied)