937 F. Supp. 2d 910
N.D. Ill.2013Background
- ILC seeks a Conditional Use Permit to operate a religious institution and related activities on a 2.9-acre unincorporated Naperville property in DuPage County; Balkwill School previously operated on the site under a Conditional Use Permit.
- ILC’s application proposed evening worship for up to 100 people and Saturday religious education for about 85 students, with parking and time-of-use plans and various proposed mitigations.
- County ZBA hearings and CDC reviews ran from early 2009 through December 2009, with objectors raising concerns about parking, lighting, noise, drainage, water/sewer capacity, traffic, and residential impact.
- The ZBA ultimately recommended denial; the CDC and County Board periodically considered amended conditions, but the County Board denied the petition on January 12, 2010.
- ILC sued under RLUIPA and state constitutional provisions, alleging equal-terms, substantial burden, nondiscrimination, and free exercise claims, seeking partial summary judgment; the court granted in part and denied in part.
- The court ultimately remanded for issuance of ILC’s CUP under a set of specified conditions, reversing the County Board’s denial and holding several counts in ILC’s favor while upholding others.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| RLUIPA equal-terms applicability | ILC argues Balkwill School as comparator shows unequal treatment | County asserts Balkwill is not a suitable equal-terms comparator given differing uses | Equal-terms claim rejected for Balkwill comparator not sufficiently analogous |
| RLUIPA nondiscrimination (count I) | ILC contends County treated religion differently due to Alavi Foundation/news, etc. | No evidence of religious discrimination or intent by County officials | RLUIPA nondiscrimination claim dismissed (no evidence of religious bias or intent) |
| RLUIPA substantial burden (count II) | County denial imposed a substantial burden on religious exercise | Neutral land-use decision with ordinary zoning justifications | Summary judgment for ILC on count II; County failed to justify a compelling interest with least restrictive means |
| Illinois RFRA substantial burden (count IX) | RFRA burden mirrors RLUIPA burden; substantial burden exists | Similar analysis under RFRA should yield same result as RLUIPA | RFRA substantial burden grant (count IX) |
| Free exercise (counts III and X) | Zoning denial burdens central religious practice without narrowly tailored compelling interest | Neutral zoning with safeguards compliant with law | Counts III and X granted; County failed to justify burden with compelling interest |
| De novo legislative review (count VII) | Judicial review should affirmably support ILC’s CUP | De novo review affords County Board deference | Count VII granted in favor of ILC and remanded with conditions |
Key Cases Cited
- River of Life Kingdom Ministries v. Village of Hazel Crest, 611 F.3d 367 (7th Cir. 2010) (three forms of equal-terms violations under RLUIPA)
- Vision Church v. Village of Long Grove, 468 F.3d 975 (7th Cir. 2006) (neutral but applied in discriminatory fashion principles)
- Sts. Constantine & Helen Greek Orthodox Church, Inc. v. City of New Berlin, 396 F.3d 895 (7th Cir. 2005) (substantial burden standard under RFRA/RLUIPA)
- Living Word, 196 Ill.2d 1, 196 Ill.2d 1 (Ill. 2001) (Illinois Supreme Court on special uses and compatibility with zoning)
- Westchester Day Sch. v. Village of Mamaroneck, 504 F.3d 338 (2d Cir. 2007) (substantial burden and neutral application of zoning)
- Guru Nanak Sikh Soc’y v. County of Sutter, 456 F.3d 978 (9th Cir. 2006) (substantial burden where government actions are arbitrary or capricious)
- Sts. Constantine and Helen Greek Orthodox Church, Inc. v. City of New Berlin, 504 F.3d 338 (2d Cir. 2007) (substantial burden framework and deference to neutral regulations)