485 F.Supp.3d 594
D. Maryland2020Background
- Plaintiff: The Redeemed Christian Church of God (Victory Temple) seeks to build a new church on a 28-acre Mount Oak Road property in Bowie, Maryland; property is zoned R‑E (church is a use by right).
- Existing facilities (Old Annapolis Road) are overcrowded (521-seat limit) and insufficient for the congregation’s needs; Victory Temple purchased the Mount Oak Road property in Feb 2018 after a feasibility study concluded development was feasible.
- Victory Temple applied (received Nov 27, 2018) to redesignate the property from Water and Sewer Category 5 (Future Community Service) to Category 4 (Community System Adequate for Development Planning); 5→4 requires a legislative amendment under the County Water and Sewer Plan.
- DPIE, the County Executive, and M‑NCPPC staff recommended approval; City of Bowie and many neighbors opposed; TIEE Committee and County Council denied the amendment in May 2019.
- Victory Temple sued under RLUIPA claiming the denial imposed a substantial burden on its religious exercise; three‑day bench trial held; court found the denial violated RLUIPA because it imposed a substantial burden and the County failed strict scrutiny.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of the 5→4 water & sewer amendment is a "land use regulation" under RLUIPA | Victory Temple: the Water and Sewer Plan and its parcel‑level category changes are land use regulation because they limit use/development of specific property | County: water & sewer plan is a comprehensive planning/legislative document, not zoning; state law defines zoning | Court: Denial is a land use regulation subject to RLUIPA (parcels receive individualized assessments) |
| Whether the denial imposed a "substantial burden" on religious exercise | Victory Temple: it acquired property expecting to build a church, current site is overcrowded, the denial prevents development—absolute restriction | County: burden is not substantial or is self‑imposed; approval was not guaranteed | Court: Substantial burden found—use would serve an unmet religious need; Victory Temple had a reasonable expectation to use the site for a church |
| Whether the County carried its burden under strict scrutiny (compelling interest) | Victory Temple: County’s proffered interest (traffic safety) is pretextual and not tied to the denial | County: traffic safety and public welfare are compelling interests | Court: Traffic safety may be compelling generally, but the County failed to demonstrate a case‑specific compelling interest tied to the denial |
| Whether the County used the least restrictive means | Victory Temple: denial prevents development and forecloses mitigation; County did not consider less restrictive alternatives | County: denial was necessary; plaintiff must identify viable alternatives | Court: County failed to show least restrictive means—no traffic studies or alternative measures were considered; denial was not narrowly tailored |
Key Cases Cited
- Bethel World Outreach Ministries v. Montgomery Cty. Council, 706 F.3d 548 (4th Cir. 2013) (framework for RLUIPA substantial burden analysis)
- Jesus Christ is the Answer Ministries, Inc. v. Balt. Cty., 915 F.3d 256 (4th Cir. 2019) (clarifies two‑question substantial burden inquiry: severity of impediment and who is responsible)
- Andon, LLC v. City of Newport News, 813 F.3d 510 (4th Cir. 2016) (discusses self‑imposed burdens and variance context)
- Reaching Hearts Int'l, Inc. v. Prince George's Cty., 584 F. Supp. 2d 766 (D. Md. 2008) (similar RLUIPA challenge to County water/sewer/category denials; evidentiary expectations for County)
- Appleton Reg'l Comm. Alliance v. Cnty. Comm'rs of Cecil Cty., 404 Md. 92 (Md. 2008) (county reliance on water/sewer plan amendments and zoning distinctions discussed)
- Hamilton v. Schriro, 74 F.3d 1545 (8th Cir. 1996) (least restrictive means analysis burden allocation)
- American Life League, Inc. v. Reno, 47 F.3d 642 (4th Cir. 1995) (characterization of compelling governmental interests)