387 F. Supp. 3d 896
E.D. Ill.2016Background
- TFM operates a small church at 1413 Sherman Rd, Romeoville, under a 2012 lease with W.B. Romeoville Corp.
- Zoning in Romeoville categorizes churches variably as Special, Conditional, or Prohibited Uses across 24 districts.
- In M-R district (Sherman Property), churches are prohibited; in several other districts churches are permitted with restrictions.
- TFM spent over $50,000 improving the Sherman Property for church use, including a second bathroom and sanctuary.
- Village issued notices in 2013–2015 indicating church use at Sherman violated zoning and gave six months to relocate.
- TFM seeks preliminary injunctive relief arguing the zoning scheme unlawfully burdens its religious exercise under RLUIPA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Zoning Code total exclude religious uses in violation of RLUIPA § 2000cc(b)(3)(A)? | TFM contends MR district total excludes churches. | Village shows churches exist in other districts; MR isn't blanket excluded. | No; MR excludes but not totally from jurisdiction. |
| Does the Zoning Code unreasonably limit religious assemblies under § 2000cc(b)(3)(B)? | TFM argues restrictive criteria hinder small churches' location choices. | Village asserts criteria align with land-use goals and vary by district. | Record incomplete; no clear reasonable limitation shown by TFMs evidence. |
| Does the Zoning Code treat religious assemblies on less than equal terms under § 2000cc(b)(1)? | TFM claims religious uses are disadvantaged compared to secular ones in MR. | Village relies on disparate uses and lack of suitable comparators to show inequality. | No clear equal-terms violation; no cognizable comparator evidence. |
Key Cases Cited
- Vision Church v. Village of Long Grove, 468 F.3d 975 (7th Cir. 2006) (not totally excluding churches where other districts permit with restrictions)
- Chabad of Nova, Inc. v. City of Cooper City, 575 F.Supp.2d 1280 (S.D. Fla. 2008) (economic/land availability evidence essential to 'unreasonable limitations')
- River of Life Kingdom Ministries v. Hazel Crest, 611 F.3d 367 (7th Cir. 2010) (test for equal terms uses 'accepted zoning criteria' and similar treatment)
- Irshad Learning Center v. DuPage County, 937 F. Supp. 2d 910 (N.D. Ill. 2013) (equal-terms framework and need for suitable comparator)
- Washington State Grange v. Wash. State Republican Party, 552 U.S. 442 (U.S. 2008) (facially neutral laws evaluated against land-use purposes)
- Opulent Life Church v. City of Holly Springs, 697 F.3d 279 (5th Cir. 2012) (RLUIPA protections and discrimination/equal-terms framework)
- Digrugilliers v. Consolidated City of Indianapolis, 506 F.3d 612 (7th Cir. 2007) (equal-terms standard and comparator-based analysis)
- Church of Our Savior v. City of Jacksonville Beach, 69 F. Supp. 3d 1299 (M.D. Fla. 2014) (unreasonable limitations informs equal-terms inquiry)