Fortress Bible Church v. Feiner
694 F.3d 208
2d Cir.2012Background
- Fortress Bible Church sued Town of Greenburgh after SEQRA-driven review blocked a church/school project on Pomander Drive.
- Church sought three discretionary approvals triggering SEQRA: site plan, parking island waiver, and variance.
- Town treated SEQRA process as vehicle to address zoning issues, delaying and denying the project.
- District Court found RLUIPA, Free Exercise, Equal Protection, and Article 78 violations and sanctions.
- Appellate panel affirmed, holding SEQRA-driven zoning actions fall within RLUIPA and the town acted in bad faith.
- Injunctive relief tailored to remedy the violations was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RLUIPA applicability to SEQRA-driven zoning | Fortress Bible Church | Town | RLUIPA applies to the application of zoning laws via SEQRA |
| Substantial burden on religious exercise | Church proven burden via denial of adequate facilities | Burden not substantial | Town actions substantially burdened the Church's religious exercise |
| Class-of-one Equal Protection viability | Church entitled to class-of-one review due to disparate treatment | Engquist bars such claims in some contexts | Class-of-one claim cognizable; Church shown disparate treatment on discrete issues |
| Free Exercise standard and pretext | Town's actions lack rational basis, pretextual | Neutral enforcement with rational basis | Town violated Free Exercise; no rational basis; pretext shown |
| Article 78 review of SEQRA determination | Town's findings arbitrary/unfounded | Findings supported by traffic data | SEQRA determination set aside as arbitrary/unsupported |
Key Cases Cited
- Westchester Day School v. Village of Mamaroneck, 504 F.3d 338 (2d Cir. 2007) (substantial burden and narrow tailoring in land-use cases; pretext evidence possible)
- Olech v. Village of Willowbrook, 528 U.S. 562 (U.S. 2000) (class-of-one doctrine recognizes arbitrary disparate treatment)
- Church of the Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (U.S. 1993) (strict scrutiny for religious-targeted regulations)
- Arch Ins. Co. v. Precision Stone, Inc., 584 F.3d 33 (2d Cir. 2009) (standard for reviewing district court factual findings)
- Freedom Holdings, Inc. v. Cuomo, 624 F.3d 38 (2d Cir. 2010) (abuse of discretion standard; review of injunctive relief)