Elijah Group v. City of Leon Valley, Tex.
643 F.3d 419
5th Cir.2011Background
- City amended its 2007 zoning to create a Bandera Road retail corridor, eliminating church SUP rights in B-2 zones and restricting churches to B-3 zones.
- Church contracted to buy Bandera Road property zoned B-2, seeking rezoning to B-3 so it could operate consistent with amended ordinance.
- City denied rezoning; Church leased the property from the owner pending resolution.
- City allowed limited nonreligious uses on the B-2 property (e.g., daycare) with a CO that prohibited church use and inconsistent with B-2.
- Church held religious services on the B-2 property despite TROs; City did not cite but challenged the activity.
- District court granted City summary judgment; Church appealed only on Equal Terms, Substantial Burden, and TRFRA claims under RLUIPA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RLUIPA Equal Terms violation | Church argues ordinance treats churches less than equal with nonreligious uses. | City contends ordinance is neutral and facially neutral; no unequal treatment shown. | Court held equal terms violation under Equal Terms Clause. |
| Appropriate comparator under Equal Terms | Church urges Third/Second Circuit approach using similarly situated nonreligious comparator. | City argues comparator analysis not satisfied given ordinance structure. | Court found the ordinance cannot be reconciled with neutral treatment; invalid under Equal Terms. |
| Facial vs. neutral application analysis | Church contends facially discriminatory; district court erred by not applying stricter scrutiny. | City argues standard is based on text and comparator approach without strict scrutiny. | Court rejected strict scrutiny requirement for this facial/textual analysis under the Clause. |
Key Cases Cited
- Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward Cnty., 450 F.3d 1295 (11th Cir. 2006) (comparator-based equal terms analysis under Equal Terms Clause)
- Midrash Sephardi, Inc. v. Town of Surfside, 366 F.3d 1214 (11th Cir. 2004) (facilitates understanding of religious facilities' treatment under zoning)
- Lighthouse Inst. for Evangelism v. City of Long Branch, 510 F.3d 253 (3d Cir. 2007) (comparator framework for Equal Terms clause considerations)
- River of Life Kingdom Ministries v. Village of Hazel Crest, Ill., 611 F.3d 367 (7th Cir. 2010) (en banc; objective/comparator-based analysis under Equal Terms)
- Third Church of Christ, Scientist, of New York City v. City of New York, 626 F.3d 667 (2d Cir. 2010) (comparative analysis of religious vs. nonreligious activities under zoning)