Opulent Life Church v. City of Holly Springs
697 F.3d 279
| 5th Cir. | 2012Background
- Holly Springs had church-specific zoning Section 10.8 restricting churches; then amended to ban “churches, temples, synagogues, mosques, and other religious facilities” from the courthouse square district.
- Opulent Life leased property on the courthouse square and sought land-use/building permits; the lease hinges on zoning approval.
- The district court denied Opulent Life’s preliminary injunction solely on lack of irreparable harm.
- Opulent Life asserts RLUIPA Equal Terms Clause, plus First, Fourteenth, and Mississippi constitutional claims; seeks injunctive and damages.
- Holly Springs amended the ordinance after initial briefing; the district court’s ruling didn’t address the amended ban on religious facilities in the courthouse square; the court remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Likelihood of success on the Equal Terms Clause | Opulent Life shows prima facie unequal treatment | Holly Springs bears burden to justify ban | Opulent Life likely to succeed on Equal Terms Clause (remanded) |
| Irreparable harm | Rights under First Amendment and RLUIPA irreparable if barred | No current irreparable harm given existing space | Irreparable harm shown; district court abused discretion |
| Balance of harms | Injury to religious exercise outweighs city’s interests | Injunction would harm city interests in district planning | Remand allowed to assess harms with updated ordinance |
| Public interest | Protection of First Amendment and religious exercise serves public interest | Interests in zoning and square district planning | Public interest favors protection of religious exercise; remains for remand to assess |
Key Cases Cited
- Associated Gen. Contractors of Fla., Inc. v. City of Jacksonville, 508 U.S. 656 (U.S. 1993) (mootness exception for voluntary cessation in equal-challenge context)
- City of Mesquite v. Aladdin’s Castle, Inc., 455 U.S. 283 (U.S. 1982) (repeal does not moot challenge when same conduct could be repeated)
- Elijah Group, Inc. v. City of Leon Valley, 643 F.3d 419 (5th Cir. 2011) (Equal Terms; comparator-based analysis for facial Equal Terms claims)
- Centro Familiar Cristiano Buenas Nuevas v. City of Yuma, 651 F.3d 1163 (9th Cir. 2011) (prima facie Equal Terms violation when religious land uses are distinguished from nonreligious uses)
- Elrod v. Burns, 427 U.S. 347 (U.S. 1976) (loss of First Amendment rights supports irreparable harm)