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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MAUM MEDITATION HOUSE OF TRUTH, an Illinois not-for-profit corporation, in its corporate capacity and also on behalf of certain members of the organization, and SHEEHYUNG SUNG Plaintiffs, v. LAKE COUNTY, ILLINOIS, an Illinois municipal corporation, Defendant.

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CASE NO. _____________ JURY TRIAL DEMANDED

COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY JUDGMENT AND DAMAGES Plaintiffs Maum Meditation House of Truth (“MMHT”), an Illinois not-for-profit corporation, and Sheehyung Sung, an individual residing in Illinois, complain against Defendant Lake County, Illinois (“Lake County”) as follows: 1.

Lake County has prevented Maum Meditation House of Truth from using

property located at 24460 Elm Road, Lake Forest, Illinois 60045 (PIN 15-11-303-004)1 (“the Property”) as a Maum Meditation center because Lake County has arbitrarily concluded, contrary to the free exercise protections of the U.S. and Illinois Constitutions, that Maum Meditation is not a religion. Article 14.1.4.8 of the Unified Development Ordinance (“UDO”) defines “religious institutions, 10,000 square feet or less” by stating that “religious institutions

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The Property also has the address of 1122 Elm Road, Lake Forest, Illinois 60045. Because Lake County uses 24460 Elm Road when referring to the Property, we do so here. Both addresses are accurate and refer to the Property with PIN 15-11-303-004

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primarily provide meeting areas for religious activity.” The dispositive legal question in this case is whether MMHT’s practice of Maum Meditation is religious exercise protected by the First Amendment of the United States Constitution and Article I, Section 3 of the Illinois Constitution. If it is, then Lake County has violated MMHT’s free exercise rights by refusing to allow MMHT to use the Property for religious exercise where Lake County’s zoning code freely permits “religious institutions” to do so. 2.

The United States’ Supreme Court has stated that “religious beliefs need not be

acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection.” Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520, 531 (1993). Nor must a religion necessarily be founded upon a belief in the fundamental premise of a ‘God’ as commonly understood in Western theology. Torcaso v. Watkins, 367 U.S. 488, 495, n. 11 (1961). 3.

Where religion is directly regulated by a governmental law or action, a Court will

apply strict scrutiny review to that law or action. Lukumi, 508 U.S. at 537. THE PARTIES 4.

Plaintiff Maum Meditation House of Truth (“MMHT”) is a not-for-profit

organization whose religious purpose is to promote and practice Maum Meditation2 and is responsible for overseeing and operating all of the congregation and worship centers for Maum Meditation in the State of Illinois.3 MMHT’s religious programs are available to the public and

For purposes of clarity, Plaintiff Maum Meditation House of Truth is referred to as “MMHT” while the religious practice of Maum Meditation is referred to as “Maum Meditation.” 3 While MMHT was established as a corporation in January 2013, it is the successor organization to Maum Meditation Center, NFP, which was originally established in 2003 in Illinois to oversee the Maum Meditation congregations in Illinois. Because Maum Meditation Center, NFP was established by some of the principal Korean members in Illinois without legal guidance and regard to the difference between a charitable organization and a religious organization under IRC Section 170(b)(1)(a)(iv), MMHT was established in order to resolve the confusion and to be properly classified as a religious organization under the Internal Revenue Code. For purposes of this Complaint, MMHT refers to both Maum Meditation House of Truth and its predecessor corporation, Maum Meditation Center, NFP. 2

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consist of regular worship, meditation and religious instruction for those seeking spiritual growth, enlightenment of the Truth, and connection with God in accordance with the historical religious doctrines of Maum Meditation’s founder, Woo Myung. (Article II, By-Laws of MMHT, attached as Exhibit A). 5.

Plaintiff Sheehung “Erik” Sung, an adherent of Maum Meditation, member of

MMHT and a volunteer, is the owner of property located at 24460 Elm Road, Lake Forest, Illinois 60045 (“the Property”). (Declaration of Sheehung Sung ¶ 1, attached as Exhibit B). Sheehung Sung volunteered to establish MMHT and offered to donate his Lake Forest home, the Property, to be used as a Maum Meditation center for MMHT. (Ex. B, ¶ 8). 6.

Defendant Lake County, Illinois is a municipal corporation organized and existing

under the statutes and constitution of the State of Illinois that may sue and be sued. Lake County is responsible for the enactment and enforcement of the Unified Development Ordinance, which governs the use and development of real property in unincorporated Lake County. BACKGROUND OF MAUM MEDITATION 7.

Maum Meditation was founded by Woo Myung after he was enlightened by Truth

while meditating in the mountainside in 1996. (Declaration of Mi-Young Jung ¶ 8, attached as Exhibit C). 8.

Maum is a Korean word that means roughly “mind, heart, and spirit, and

God/Truth/Universe.” (Ex. C, ¶ 9). 9.

Maum Meditation employs a simple method, taught by the founder, which

cleanses accumulated experiences, emotions, and habits in order to reach and become Truth. (Ex. C, ¶ 10).

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10.

Maum Meditation is very much like prayer, both private—between God and each

person—and corporate because each meditation is design to discard one’s ego and attachment until only God’s Maum—that we are all one—remains. Guided meditation is essential, especially for beginning members, because people are accustomed to accumulations (e.g. wealth, knowledge, relationships – everything of this world) not subtraction (God’s way). Thus, instead of discarding their ego, some might get lost and instead change the character of their ego. Helpers ensure that a meditator stays on the path of subtraction. (Declaration of Soon Ae Yoon ¶ 3, attached as Exhibit D). 11.

Adherents to Maum Meditation believe that God is Truth/Universe, and their

belief is tied around living forever through Truth and not living in a false world—the equivalent of Hell. Maum Meditation enables individuals to get rid of their “picture/ego” worlds—the world through our perceptions—and live in the “real” world, or Heaven. (Ex. C, ¶ 11). 12.

True World according to the teachings of Maum:

Maum Meditation allows you to return to the true world by cleansing the false world. If you see from the perspective of the True world, you can know all of the principle[s] of the world, as well as where man goes when he dies. (http://www.maum.org/eng/meditation/whatmaum_01.asp, accessed May 21, 2013, attached as Exhibit E) (emphasis added). 13.

Eternal Life according to the teachings of Maum:

When you cleanse your false world, you return to the true world, the body and mind of the universe. Although the physical body disappears, you will live forever in the true world. The true world is the everlasting, never-changing God; the original nature and true mind of every man. Maum Meditation teaches the method of destroying the false world, being reborn in the True world, and living eternally in the True world. The one who is born in the True world which is human completion while living will live forever. The one who lives in the false world just dies and that's it.

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(Ex. D). 14.

Maum Meditation provides a method for subtracting the “pictures” in order to get

to the core of our being – the Universe. (Ex. C, ¶ 12) 15.

In practicing Maum Meditation, one seeks to cleanse and eliminate all burdens

from the pictures of the past in the mind. In doing so, one is able to live in freedom and is able to know and become Truth. Once one is able to know and become Truth, one will know the answers to the basic questions in life: Who am I? Where do I come from? Where do I go when I die? Why do I live? What happens to me when I die? (Ex. E, http://maum.org/eng/meditation/whatmaum.asp, accessed May 21, 2013). 16.

There are eight levels in this method: the first seven levels are focused on

discarding perceptions, while the last level is focused on becoming one with the Truth. Below is a short summary on each of the steps:

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(Ex. E, http://www.maum.org/eng/meditation/levels.asp) (Ex. C, ¶ 13) 17.

Maum Meditation is recognized and registered as a religion by the South Korean

government and other governments around the world. (Ex. C, ¶ 14). 18.

The Maum Meditation website (maum.org) states the beliefs of Maum Meditation

carefully and focuses on the psychological benefits and the method. This is because maum.org is accessed by an international audience and some countries restrict religious beliefs and practices (such as Indonesia and China). Therefore, the beliefs of Maum Meditation are carefully stated in order to prevent prosecution and/or persecution of its followers in certain countries. Nonetheless, the description of Maum Meditation found on maum.org is distinctly religious. (Ex. C, ¶ 15). 19.

As of 2012, there are over 340 Maum Meditation Centers operating worldwide,

and over 300,000 people have practiced Maum Meditation. In the United States alone, there are 40 centers. (Ex. C, ¶ 17). 20.

A Maum Meditation Center is a sanctuary and retreat available to members to

escape their busy lifestyles and meditate in a peaceful environment conducive to realizing Truth. (Ex. C, ¶ 19). 21.

The communal meditation of several people at one time helps each individual

better focus on their meditation, because the discarded energy becomes much more intense, hence become closer to the Truth. Maum Meditation transforms the human mind to God’s mind. When one discards one’s ego and all of one’s attachments, one will uncover God’s mind, hence becoming part of and one with God. Communal meditation thus helps one more quickly discard one’s ego and become one with God/Truth. (Ex. C, ¶ 20).

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22.

The main Meditation Center is located in Nonsan, South Korea, by the

mountainside of Mt. Gyeryong. (Ex. C, ¶ 18). Below is a picture of the main Meditation Center in Nonsan, South Korea:

23.

A Maum Meditation Center functions through the work of dedicated Helpers who

are unpaid and are available around the clock all year round. (Ex. C, ¶ 21). A Helper is a volunteer who dedicates their work to help spread the word of Truth. Even those who work on administrative matters are unpaid volunteers. (Ex. C, ¶ 22). 24.

Helpers are the spiritual guides for center members and lead every meditation

session, similar to a roll of a minister. Helpers provide a lecture as well as to focus the meditators/members in choosing topics to discard and ensure spiritual development. (Ex. D, ¶ 4). 25.

Helpers tailor every meditation session to the needs of participating members. For

beginning members, individual or small groups are often more helpful. This is because lower level members are easily distracted and lack concentration power that more senior members have obtained. For more advanced members, it is often much more rewarding to meditate in larger groups. The discarded energy from a larger group becomes more intense and is transformative, 7


allowing each individual to become closer to the Truth more quickly. At the main center in Korea, hundreds of people meditate together. (Ex. D, ¶ 5). 26.

Helpers must first matriculate through all eight levels of Maum Meditation and

complete a rigorous Helper training before being appointed as a junior Helper to a center, much like a junior minister is assigned to a senior minister at a church. After being fully trained by a senior Helper, when a center requests a Helper, a junior Helper is dispatched to the center and bestowed the responsibility of Helper. (Ex. D, ¶ 7). 27.

A Helper’s primary responsibility is the spiritual growth of the members of a

particular center by providing sermons/lectures during the meditation/prayer and leading the meditation/prayer. (Ex. D, ¶ 8). 28.

A meditation session usually lasts from one to two hours. Meditation is similar to

a Christian Sunday service. Each meditation session begins with basic sermon/lecture, followed by a prayer and then the actual meditation commences. Helpers are in constant meditation to ensure sensitivity to each member’s spiritual state and will usually, after evaluating each member’s level of development, select the topic and the method of meditation, at each session. (Ex. D, ¶ 9). 29.

MMHT’s Meditation centers have seven or eight classes scheduled every day

which last between one and two hours. Attendance at each class consists of between five and ten members. (Ex. D, ¶ 10). 30.

On average, members find it essential to attend meditation sessions at least five to

seven times a week at a Maum Meditation center. Therefore, locality of our centers is crucial. (Ex. D, ¶ 11).

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31.

In addition to the meditation offered at the main and local centers, Maum

Meditation holds two children’s camps and college camps every year; once in the summer and once in the winter. These camps have hundreds of participants. Those who wish to continue their studies are welcomed to continue at the main center. (Ex. C, ¶ 23). 32.

Maum Meditation also holds conventions and seminars all over the world, most

recently in Tijuana, Mexico and Mendoza, Argentina. These conventions and seminars are a way for Maum practitioners to connect with each other and to get a chance to hear from enlightened ones. (Ex.C, ¶ 24). ALLEGATIONS OF FACT RELATING TO MAUM MEDITATION HOUSE OF TRUTH 33.

In the summer of 2012, the leaders of MMHT identified Lake County as an area

where it would like to expand, already having several successful centers in the Chicago area, including a Chicago/Lakeview location and one in Naperville. In particular, several MMHT members were travelling a long distance to Chicago from the north (such as Glenview, Morton Grove, and Northbrook). Their ability to participate in Maum was limited due to the long distance of travel to and from a Meditation center. (Ex. B, ¶ 7; Ex. D, ¶ 19). It was clear from telephone inquiries that there are people in Lake County interested in joining Maum Meditation. (Ex. D, ¶ 19). 34.

The leaders of MMHT researched the possibility of purchasing or leasing a

property various locations in or around Lake County, including Glenview, Northbrook, Vernon Hills, Libertyville and Deerfield. However, after weeks of research, the leaders of MMHT determined that the cost was simply too prohibitive. (Ex. D, ¶ 20). 35.

Sheehung Sung’s property located at 24460 Elm Road, Lake Forest, Illinois was

in an ideal location for a Maum Meditation center in Lake County, Illinois. Sheehung Sung

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volunteered to donate his home to MMHT to be used as a center. With the acquiescence of MMHT, Sheehung Sung spent almost $50k dollars in preparing his property to serve as a center. (Ex. B, ¶ 8; Ex. D, ¶ 21). 36.

The Property at 24460 Elm Road, Lake Forest, in unincorporated Lake County, is

zoned Estate (E), which freely permits religious institutions with 10,000 square feet or less as of right, meaning that Maum Meditation would not have to seek any permission from the local government in order to locate a Maum Meditation center at Sheehung Sung’s home. (Article 6, Table 6.2, Unified Development Ordinance, relevant portions of which are attached as Exhibit F). The building located on the Property is less than 10,000 square feet. 37.

Article 14.1.4.8 of the UDO defines “religious institutions, 10,000 square feet or

less” by stating that “religious institutions primarily provide meeting areas for religious activity.” (Ex. F). 38.

Sheehung Sung began the renovations around July 2012, and completed them in

late September 2012. The renovations included changing all the windows, cutting down few trees, adding interior doors, and changing the exterior door, as well as painting the interior of the house. None of these renovations required a permit. Mr. Sung called Lake County to ensure that no permit was necessary for these renovations. (Ex. B, ¶ 9). Below are pictures of the interior of the building of the Property including rooms for small groups of Meditation and a room for a larger groups of Meditation:

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39.

In addition to these renovations, Mr. Sung sought to erect a stonework sign that

describes and symbolizes Maum Meditation. On October 14 Mr. Sung contacted Lake County and spoke with Cindy Godbold, who instructed Mr. Sung to send her a rough drawing of the stonework, which he did that same day. (Ex. B, ¶ 19). 40.

On October 18, 2012, Ms. Godbold sent an email to Mr. Sung stating that he did

not need a permit to install the stonework/sign. (Exhibit G). Mr. Sung also sent an email to his neighbors before ordering the stone to be carved. (Ex. B, ¶ 20). 41.

After Mr. Sung received the blessing of his neighbors, he spent approximately

$5,000 to install the stonework. (Ex. B, ¶ 21). 42.

The stonework has the word “MAUM” on one side and a stick figure of a

family—man, woman, child—on the other. (See photographs below, taken by Sheehyung Sung,

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October 2012). The stonework represents the belief in Maum that we are all one; that we are the same. (Ex. B, ¶ 22).

43.

Despite the fact that Sheehung Sung did not need permission to locate a Maum

Meditation center on his Property, he decided to check with the local authorities because he was unfamiliar with the process of setting up a religious institution. Mr. Sung contacted the City of Lake Forest, Vernon Township and Lake County to ensure compliance in setting up a Maum Meditation center. (Ex. B, ¶ 10). 44.

Vernon Township informed Mr. Sung that Lake Forest and Vernon Township did

not have jurisdiction over the use of the Property and that Lake County was the governmental entity that governed the use of his Property. On October 28, 2012, Mr. Sung contacted Pat Tierney, Principal Planner/Project Manager for the Department of Planning, Building and Development for Lake County, to discuss Mr. Sung’s desire to open a Maum Meditation center on his Property. (Ex. B, ¶ 11). 45.

During that conversation Mr. Sung informed Mr. Tierney that Maum Meditation

is a religion, and a Maum Meditation center operates much like a church (regular services are held, dedicated spiritual leaders, operates on members’ donations). Nonetheless Mr. Tierney informed Mr. Sung that a Maum Meditation center would only qualify as a business, even

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though MMHT is a not-for-profit corporation, has no profit motive and has no paid employees. (Ex. B, ¶ 12). 46.

Mr. Tierney suggested that Mr. Sung seek a Home Occupation classification,

which is a category for businesses based in one’s home. He informed Mr. Sung that the process would take about a week. (Ex. B, ¶ 13). 47.

Mr. Tierney requested that Mr. Sung provide a summary of the proposed Maum

Meditation center, which Mr. Sung did on November 4, 2012 (attached as Exhibit H). Mr. Sung was promised a response in a few days. (Ex. B, ¶ 14). 48.

During the same week, an inspector from Lake County came to Mr. Sung’s

property and informed him that there were complaints that he was erecting a “church.” (Ex. B, ¶ 15). 49.

The inspector stated that Mr. Tierney told him that Mr. Tierney had no

information regarding Mr. Sung’s intention to use the Property as a Maum Meditation center and that Mr. Tierney only knew of this plan based on the neighbors’ complaints. Mr. Sung explained to the inspector that he had spoken with Mr. Tierney and that, pursuant to his instruction, Mr. Sung had sent him a written summary outlining his plan to use the Property as a Maum Meditation center. (Ex. B, ¶ 16). 50.

The inspector informed Mr. Sung that no violations were found. (Ex. B, ¶ 17).

51.

On November 26, 2012, Delmer H. Powell, Zoning Administrator, sent a letter to

MMHT (attached as Exhibit I), on behalf of the Planning, Building and Development Department of Lake County with respect to MMHT’s ability to operate at the Property. (Ex. B, ¶ 23). In that letter, Mr. Powell stated that the Property is zoned Estate (E), which permits religious institutions with 10,000 square feet or less as of right, but requires “community service uses, not

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otherwise classified” to obtain a conditional use permit in order to operate in the Estate zone. (Ex. I; see Ex. F, Table 6.2,). 52.

Article 14.1.4.3 defines “community service use, not otherwise classified” as

“uses of a public nonprofit or charitable nature that generally provide a local service to people in the community.” (Ex. F). 53.

Article 14.1.4.8 defines “religious institutions, 10,000 square feet or less” by

stating that “religious institutions primarily provide meeting areas for religious activity.” (Ex. F). 54.

Mr. Powell’s November 26, 2012 letter found that MMHT should be classified as

a “community service use, not otherwise classified” and giving five reasons for such a classification: (1) MMHT would operate as a non-profit organization; (2) Maum Meditation is an international organization with outreach centers in several areas in the United States and other countries; (3) MMHT would rely on dues or donations for operational expenses; (4) “Helpers” would stay or temporarily reside at MMHT’s center; (5) MMHT has an “advertising sign” on the Property, a brochure and has utilized the interest to solicit participants. (Ex. I). 55.

The five reasons given by Mr. Powell are not found anywhere in the UDO. (See

56.

Mr. Powell’s November 26, 2012 letter does not explain how the five reasons

Ex. F).

listed for classifying MMHT as a “community service use” are distinguishable from “religious institutions: (1) How the fact that MMHT is a not-for-profit organization distinguishes it as a community service use rather than a religious institution since most churches, synagogues and mosques operate as non-profit organizations; (2) How the fact that Maum meditation is an international organization distinguishes it as a community service use rather than a religious institution since 14


many church denominations are international organizations with operations in the United States and other countries; (3) How the fact that MMHT would rely on dues or donations for operational expenses distinguishes it as a community service use rather than a religious institution since most churches, synagogues and mosques rely on dues, donations or tithes for their operations expenses; (4) How the fact that MMHT would have “Helpers” temporarily reside at the center MMHT’s distinguishes it as a community service use rather than a religious institution since many churches have leaders residing in a parsonage or manse adjacent to their place of worship; (5) How the fact that MMHT has a sign on the Property distinguishes it as a community service use rather than a religious institution since almost every church, synagogue and mosque have signs on their property which describe or symbolize who they are and what they believe (a cross is a common example). Further, the stonework on the Property is not an advertisement, since MMHT is not selling anything. Rather, the stonework describes and symbolizes who MMHT is and what they believe: It has the word “MAUM” on one side and stick figure of a family—man, woman, child—on the other. (See photographs ¶ 42 above). The stonework represents the belief in Maum that we are all one; that we are the same. 57.

On November 28, 2012, Mr. Sung informed Eric Waggoner, Director of the

Department of Planning, Building and Development for Lake County, and Pat Tierney, Principal Planner/Project Manager for the Department of Planning, Building and Development for Lake County, that Maum Meditation was a religious practice and therefore should be classified as a religious institution under the UDO. (Ex. B, ¶ 24). Mr. Sung explained that the UDO provides that a religious institution is permitted in the Estate (E) zone as a permitted use and did not require any approval by the County. Mr. Waggoner and Mr. Tierney told Mr. Sung that Lake County would reassess its decision and respond in a few days. (Ex. B, ¶ 25). 58.

That same day, Pat Tierney told Mr. Sung that he should hold a neighborhood

meeting to inform neighbors around his Property of his intentions. (Ex. B, ¶ 26).

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59.

On November 30, 2012, MMHT submitted to Lake County evidence of its

religious purpose, including by-laws, articles of incorporation and informational material about Maum (attached as Exhibit J). (Ex. B, ¶ 27). 60.

On December 1, 2012, Mr. Sung held a neighborhood meeting at the Property.

(Ex. B, ¶ 28). To ensure everyone’s concerns were addressed, Mr. Sung asked his neighbors to provide a list of concerns and questions in advance. At the meeting, Mr. Sung responded to those questions. (Ex. B, ¶ 29). 61.

At the time of the meeting, Mr. Sung became aware that his neighbors were

informed and/or given copies of Delmer H. Powell’s November 26, 2012 letter to Mr. Sung. (Ex. B, ¶ 30). 62.

Before the meeting, one Mr. Sung’s neighbors approached him at the Property,

stopped him from leaving the driveway and started screaming verbal abuse such as “your kind don’t [sic] belong here.” The neighbor also told Mr. Sung that “I’ll sue you [to prevent the establishment of the Maum Meditation center] until you go bankrupt.” (Ex. B, ¶ 31). 63.

On December 14, 2012, Mr. Sung submitted a Freedom of Information Act

(FOIA) request regarding any information, communications or proceedings relating to the Property, due to both the inspection of the Property issued by the County and how informed Mr. Sung’s neighbors were of his communications with County officials. (Ex. B, ¶ 32). 64.

Lake County responded to Mr. Sung’s FOIA request on December 27, 2012 (see

Exhibit K). (Ex. B, ¶ 33). Included in those documents is a November 11, 2012 email from an undisclosed neighbor of Mr. Sung to Ann B. Maine, a Lake County Board Member. In that email, the neighbor describes Maum Meditation as a “cult” and states that he opposes any

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religious organization moving into the neighborhood, (Ex. K), although in fact the UDO permits religious institutions in the Estate District as of right. 65.

Ann Maine emailed Eric Waggoner in response to the neighbor’s email, stating

“Can you look into this?” Mr. Waggoner responded to Ms. Maine stating “Certainly. I’ll have some more info tomorrow when we’ve had an opportunity to research the site and relevant regs.” (Ex. K). 66.

Further, Delmer Powell responded to Ms. Maine’s email stating “We have already

received a number of phone calls from concerned residents in the area. . . . [W]e will contacting [sic] other jurisdictions regarding their experience with such centers.” (Ex. K). 67.

On November 30, Ann Maine emailed Pat Tierney, Eric Waggoner, and Delmer

Powell stating “I have received a number of emails in the past few days from residents of the area asking me what is happening. [Redacted] is telling them that a County inspector came out the other day and that the County is fine with everything.” (Ex. K). 68.

In late December 2012 the County suggested that Mr. Sung find an alternate

location for the Maum Mediation center. Mr. Sung was promised support if he did so. To date, no one has provided any material or informational support. (Ex. B, ¶ 34). 69.

The County suggested that Mr. Sung look for alternative locations in a

commercial zone or that he rent a church building. Mr. Sung contacted several churches in the area, but they would not agree to rent their space to a Maum Meditation center because of the religious nature of Maum, which was not consistent with their beliefs. Mr. Sung also checked several commercial spaces, but they were cost prohibitive. (Ex. B, ¶ 35). 70.

In early January 2013, Mr. Sung went back to the County to explain that these

options would not work and to ask for an official response to the ability to use the Property for a

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Maum Meditation center. (Ex. B, ¶ 36). One week later, Pat Tierney told Mr. Sung that no response would be written until a public informational meeting was held. (Ex. B, ¶ 37). 71.

On January 14, 2013, the County, without the consent of Mr. Sung, held an

informational meeting at Vernon Township Community Center regarding the ability of Mr. Sung to establish a Maum Meditation center on the Property. Mr. Sung protested the meeting, but his protest was ignored. The meeting was chaired by County Trustee Ann Maine and headed by Pat Tierney and Eric Waggoner. Mr. Sung attended the meeting. (Ex. B, ¶ 38). 72.

During this meeting several of Mr. Sung’s neighbors called Maum Meditation

members “unstable,” referred to Maum Meditation as a “cult,” called Mr. Sung a liar and requested that he be “put in jail.” One of Mr. Sung’s neighbors, again, threatened Mr. Sung with a lawsuit. (Ex. B, ¶ 39). 73.

On January 28, 2013, Pat Tierney called Mr. Sung and told him that he was

required to cover up the stonework displaying the word “Maum” on his property, even though on October 18, 2012 Mr. Sung was told by Cindy Godbold from Lake County that Mr. Sung could erect such artwork. (See ¶¶ 39-42 above; see also Ex. G). It still remains covered. (Ex. B, ¶ 40). 74.

Because of the County’s delay, MMHT sought legal expertise, and was informed

that by replacing the corporation Maum Meditation Center, NFP which was established for a charitable purpose under IRC Section 170(b)(1)(a)(iv) with a new corporation and establishing it with a more accurate religious purpose under IRC Section 170(b)(1)(a)(iv), the zoning issue with Lake County may be resolved. (Ex. B, ¶ 44). 75.

On February 13, 2013, Mr. Sung informed Lake County that Maum Meditation

House of Truth had been incorporated as a not-for-profit corporation with a religious purpose under IRC Section 170(b)(1)(a)(iv) as the successor organization to Maum Meditation Center,

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NFP. Mr. Sung submitted a copy of MMHT’s Articles of Incorporation filed January 17, 2013 and a copy of MMHT’s By-Laws adopted on February 8, 2013 (Ex. A). (Ex. B, ¶ 45). 76.

Eric Waggoner, Director of the Planning, Building and Development Department

of Lake County, sent a letter to MMHT on February 22, 2013 (attached as Exhibit L), affirming Mr. Powell’s November 26 letter that MMHT should be classified as a “community service, use, not otherwise classified.” (Ex. B, ¶ 46). 77.

The February 22, 2013 letter does not refer to the definition of “religious

institution” contained in the UDO: “religious institutions primarily provide meeting areas for religious activity.” (Ex. F, Article 14.1.4.8). 78.

Although Mr. Waggoner’s letter concedes that Maum Meditation is a

religious/spiritual activity, Mr. Waggoner refuses to find that MMHT was a “religious institution” under the UDO for two reasons: (1) he states that Maum does not incorporate “common elements of religion;” and (2) he asserts that a few municipalities in the United States treat Maum as a “home-based business,” “community service” or “commercial” use rather than a “religious” use. (He makes no mention of the many municipalities which have treated Maum Meditation as a religion). (Ex. L). Neither of these reasons are found in the UDO or the definition of “religious institution” thereunder. (See Ex. F). 79.

The February 22, 2013 letter asserts the following elements of religion and finds

that Maum fails to meet these elements: (1) The “concept of belief. Religions comprise a central overarching comprehensive belief system that mediates the believers’ understanding and adherence to the faith in question.” (2) “[M]ediate adherents’ conduct in their daily lives, in their interactions with others, and as they identify with their community” i.e. a “moral code. (3) “[A]n organized congregation focus for the community of adherents (characterized by accepted congregational holidays or celebrations, and other more frequent gather times, weekly or otherwise).” 19


(4) “Generational transfer” meaning “participation of youth and families to transfer” the religious belief from generation to generation. (Ex. L). 80.

Mr. Waggoner does not explain the basis on which he asserts the “elements of

religion.” (See Ex. L). Such “elements of religion” are not part of any definition found in the UDO. (See Ex. F). 81.

Further, Mr. Waggoner does not explain where he as Director of the Planning,

Building and Development Department of Lake County, the Planning Building and Development Department itself, or Lake County obtains the authority to determine what constitutes a religion. (See Ex. L). 82.

Mr. Waggoner’s letter concedes that the bylaws of MMHT provide that it is

organized as a “religious organization (comparable to a church) for the religious practice Maum Meditation, which transforms human Maum to God’s Maum.” (Ex. L). Further the By-Laws recite a “Statement of Religious Beliefs.” (Ex. A). 83.

Nonetheless, Mr. Waggoner found that these By-Laws are inconsistent with

numerous materials and statements by other Maum Meditation practitioners, and that the ByLaws do not provide any evidence that Maum Meditation incorporates various common elements of religion because information contained in the Articles of Incorporation and By-Laws “does not materially affect staff’s analysis above.” (Ex. L). 84.

During the last week of February 2013, Mr. Sung met with Mr. Tierney and Mr.

Waggoner to explain that Mr. Waggoner’s letter contained numerous errors including: a) misquotes of Maum Meditation Helpers; b) an erroneous explanation of the nature of Maum Meditation; c) an erroneous statement of Maum Meditation’s activities. Such errors resulted in

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Mr. Waggoner’s incorrect finding that Maum Meditation is not a religion. However, Mr. Tierney and Mr. Waggoner deemed these errors irrelevant. (Ex. B, ¶ 47). 85.

On March 5, 2013, Lake County officials distributed a summary of Mr.

Waggoner’s letter to Mr. Sung’s neighbors without notice or consent by Mr. Sung. (Ex. B, ¶ 48). 86.

Mr. Waggoner’s letter provided two options for MMHT: either submit a special

use permit application for MMHT as a community service center or appeal the “decision” that MMHT was not a religious institution to the Zoning Board of Appeals. (Ex. L). 87.

On March 28, 2013, MMHT submitted an application for appeal to the Lake

County Zoning Board of Appeals (attached as Exhibit M). (Ex. B, ¶ 49). 88.

Submitted with MMHT’s application for appeal was a letter written by legal

counsel for MMHT explaining that Lake County’s decision to deny that MMHT was a religious institution under the UDO and determination that Maum Meditation was not a religion likely violated Lake County’s own UDO and the First Amendment to the United States’ Constitution. (Ex. M). 89.

Mr. Sung discussed this letter with Mr. Tierney and Mr. Waggoner and requested,

based on the arguments made therein, that Lake County allow MMHT to use the Property. Mr. Tierney and Mr. Waggoner refused. (Ex. B, ¶ 50). 90.

In addition, on April 3, 2013, counsel for MMHT spoke with Lake County

Assistant States’ Attorney Kevin J. Berrill about the letter. Mr. Berrill informed MMHT’s counsel that Lake County officials had read the letter and would not change their decision. 91.

Under the appeal process Mr. Tierney was to schedule the hearing with the

Zoning Board of Appeals. (See Ex. M).

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92.

On April 23, 2013 Mr. Tierney informed Mr. Sung that he had not scheduled the

meeting with the Zoning Board of Appeals. Mr. Tierney informed Mr. Sung that the hearing would likely not be scheduled until late May at the earliest (Exhibit N). (Ex. B, ¶ 51). 93.

On May 2, 2013, Mr. Tierney informed Mr. Sung that the earliest possible date

for the meeting with the Zoning Board of Appeals would be June 17, 2013, although he did not confirm that date (Ex. N). (Ex. B, ¶ 52). 94.

On May 14, 2013 Mr. Tierney informed Mr. Sung that he finally had scheduled

the meeting with the Zoning Board of Appeals for June 17, 2013. However, in the interim two weeks, Mr. Sung had scheduled another meeting for June 17, 2013 and informed Mr. Tierney that he could not attend the June 17, 2013 meeting (Ex. N). (Ex. B, ¶ 53). 95.

In early May 2013, a friendly neighbor of Mr. Sung informed him, via email, that

the County has been “monitoring” the Property and have encouraged Mr. Sung’s neighbors to spy on the Property by taking pictures, writing down license plates and keeping track of people coming and going on the Property (Exhibit O). (Decl. Sung 54). 96.

On April 23, 2013, a neighbor of Mr. Sung sent out an email to other neighbors

encouraging them to report activity on Mr. Sung’s property to a phone number. The intent of the sender of the email is to prevent MMHT from using the Property as a Maum Meditation Center. (Ex. O). 97.

In a follow up email, a neighbor named Laura states “We have been advised by

the county to log as many calls a possible from residents when it appears that Maum activities are taking place. Please take a moment to call the county at 847-377-4444 . . .” This email implies that Lake County was encouraging Mr. Sung’s neighbors to log any activity that took

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place on Mr. Sung’s property, including any activity related to Mr. Sung’s exercise of his religion, Maum Meditation. (Ex. O). 98.

Because of Lake County’s delay of what will be almost nine months and expense

of going through a zoning process that as a permitted use in the Estate district, MMHT was not required to go through (see World Outreach Conf. Ctr. v. City of Chicago, 591 F.3d 531, 537 (7th Cir. 2009)), MMHT now seeks the Court’s intervention to get what it should have had from the beginning, the right to use the Property for the exercise of its religion. THE BURDEN ON MMHT 99.

The delay by Lake County has burdened members of Maum Meditation so much

that Maum Meditation leaders decided to open a temporary center in Glenview, Illinois, renting a space from a member’s employer. (Ex. B, ¶ 41). 100.

On February 4, 2013 the temporary Glenview Maum Meditation center launched

and will remain open until Lake Forest center is available for worship. (Ex. B, ¶ 42). 101.

However, this temporary location is inadequate because MMHT must share space

with a student tutoring service, Sabio Academy, for students from grade school to high school. The noise from the academy is often disruptive to MMHT’s ability to meditate. Further, MMHT cannot always use the space as it would like—a typical Maum Meditation center has seven to eight one or two hour sessions every day. Also it is still a long distance for many members who live in Lake County. In addition, the expense of renting this property—as opposed to the donation of the Property that Mr. Sung sought to provide—is significant. Opening the temporary Glenview Maum center required hundreds of man hours to implement. (Ex. B, ¶ 43).

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102.

The Supreme Court has held that “one is not to have the exercise of his liberty of

expression in appropriate places abridged on the plea that it may be exercised in some other place.” Schneider v. State, 308 U.S. 147, 163 (1939). 103.

Maum Meditation members in Lake County have been burdened with the choice

of having to travel great distances to the Maum Meditation centers in Chicago or Naperville or the temporarily Glenview location or have not being able to attend a Maum Meditation center. (Ex. D, ¶ 27). 104.

Because Maum Meditation members generally need to attend a Meditation center

five to seven times a week, having a Maum Meditation center location close to members’ homes is crucial. (Ex. D, ¶ 11). 105.

Maum Meditation is important to practice in groups because spiritual life is

constantly a battle pitched with the material world. Members find much comfort in fellowship with others, as well as develop a community to continue our mission of evangelism. (Ex. D, ¶ 29). 106.

Guided meditation is essential, especially for beginning members, because people

are accustomed to accumulations (e.g. wealth, knowledge, relationships – everything of this world) not subtraction (God’s way). Thus, instead of discarding their ego, some might get lost and instead change the character of their ego. Helpers ensure that a meditator stays on the path of subtraction. (Ex. D, ¶ 3). 107.

Helpers tailor every meditation session to the needs of participating members. For

beginning members, individual or small groups are often more helpful. This is because lower level members are easily distracted and lack concentration power that more senior members have obtained. For more advanced members, it is often much more rewarding to meditate in larger

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groups. The discarded energy from a larger group becomes more intense and is transformative, allowing each individual to become closer to the Truth more quickly. At the main center in Korea, hundreds of people meditate together. (Ex. D, ¶ 5). 108.

The communal meditation of several people at one time helps each individual

better focus on their meditation, because the discarded energy becomes much more intense, hence become closer to Truth. Maum Meditation transforms the human mind to God’s mind. When one discards one’s ego and all of one’s attachments, one will uncover God’s mind, hence becoming part of and one with God. Communal meditation thus helps one more quickly discard one’s ego and become one with God/Truth. (Ex. C, ¶ 20). 109.

The loss of the Property for a Maum Meditation center interferes with the

communal nature of Maum Meditation which is an essential aspect of the religious practice of Maum Meditation. 110.

The loss of the Property particularly affects children and youth who engage in

Maum Meditation because of children’s shorter attention span, traveling long distances prior to practicing Maum Meditation can hinder their ability to engage in Maum Meditation. Maum Meditation has different methods for children and youth which require a specially trained Helper. (Ex. D, ¶ 28; Ex. C, ¶ 23). 111.

MMHT wishes to hold camp for children and youth in Lake Forest. (Ex. D, ¶ 28).

112.

Every day MMHT has lost many of its opportunities forever to engage in its

religious expression and to reach others in the community with the message of Maum because it is unable to operate on the Property.

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JURISDICTION AND VENUE 113.

The Court has jurisdiction over the federal claims pursuant to 28 U.S.C. 1331 as

they arise under the First and Fourteenth Amendments to the Constitution of the United States and under 42 U.S.C § 1983, and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc et seq. The state law claims are so closely related to the federal claims as to create supplemental jurisdiction under 28 U.S.C. § 1367(a). 114.

Venue is proper in this district pursuant to 28 U.S.C. § 1391 because all of the

events giving rise to the claims asserted herein occurred in Lake County, Illinois. 115.

This Court is vested with authority to grant the requested declaratory relief by

operation of 28 U.S.C. § 2201, et seq. and 740 ILCS 23/5. 116.

This Court has authority to issue the requested injunctive relief under Fed. R. Civ.

P. 65 and 28 U.S.C. § 1343(3). 117.

This Court has authority to issue the requested damages under 28 U.S.C. §

1343(3). 118.

This Court is authorized to award costs and attorneys’ fees under 42 U.S.C. §

1988(b), the Illinois Civil Rights Act of 2003, 740 ILCS 23/5(c), and 775 ILCS 35/1 et seq.. ALLEGATIONS OF LAW 119.

All acts of the Defendant, its officers, agents, servants, employees, or persons

acting at their behest or direction, were done and are continuing to be done under the color and pretense of state law and Lake County’s Unified Development Code, including the ordinances, codes, regulations, customs, policies and usages of the County. 120.

Unless and until enforcement of the provision of the UDO is enjoined, the

Plaintiffs will suffer and continue to suffer irreparable injury to their federal and state rights.

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121.

MMHT’s religious exercise is fully protected by the First and Fourteenth

Amendments to the United States Constitution. 122.

Concomitantly, the use of the UDO to deny MMHT access to the Property to

engage in its religious exercise above infringes upon and burdens the freedom of the congregation under the First Amendment and the Fourteenth Amendment to the United States Constitution, and RLUIPA. 123.

“The loss of First Amendment freedoms, for even minimal periods of time,

unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373 (1976). 124.

Plaintiffs have no adequate or speedy remedy at law to correct or redress the

deprivations of their constitutional and civil rights which continue to be violated because MMHT cannot use the Property for religious exercise. 125.

The Defendant City will suffer no harm if the injunctive relief is granted.

126.

The harm to the Plaintiffs far outweighs any harm to the Defendant, and the

public interest is benefited when constitutional and civil rights are protected. COUNT I: VIOLATIONS OF FREE EXERCISE OF RELIGION UNDER THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION AND ARTICLE I, SECTION 3 OF THE ILLINOIS CONSTITUTION (AS APPLIED) 127.

The allegations contained in all preceding paragraphs are incorporated here by

reference. 128.

The First Amendment’s protection afforded to religious belief and religious

activity applies to Maum Meditation and MMHT. Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520, 531 (1993) (“religious beliefs need not be acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection”); see also Malnak v. Yogi, 592 F.2d 197 (3d. Cir. 1979) (finding that the First Amendment’s definition of religion

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included Science of Creative Intelligence Transcendental Meditation (SCI/TM), which has similar practices to that of Maum Meditation). 129.

Article I, Section 3 of the Illinois Constitution provides in relevant part that:

The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed, and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions. 130.

The Property on which MMHT seeks to exercise its religion is located in an

Estate (E) zone. 131.

The Estate (E) zone permits religious institutions with 10,000 square feet or less

as of right, but requires “community service uses, not otherwise classified” to obtain a conditional use permit in order to operate in the Estate zone. (Ex. F, Table 6.2). 132.

Article 14.1.4.8 of the UDO defines “religious institutions, 10,000 square feet or

less” by stating that “religious institutions primarily provide meeting areas for religious activity.” (Ex. F). 133.

Under the UDO, MMHT is a religious institution, 10,000 square feet or less

because its primary purpose is to provide a meeting area for Maum Meditation, which is religious activity. Therefore, under the UDO MMHT is permitted as a right in the Estate (E) zone. 134.

In denying that MMHT is a religious institution without any basis in the UDO or

other code, Defendant is applying a different standard to MMHT than it would other religious institutions in violation of the First Amendment. 135.

Eric Waggoner’s letter finding that Maum Meditation is not a religion, while

conceding that Maum Meditation is a religious/spiritual activity, and therefore finding that MMHT is not a religious institution and thus a permitted use in the Estate (E) zone, is based

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entirely on the content on MMHT’s religious belief, rather than on MMHT’s proposed land use activity. (See Ex. L). Defendant’s content-based decision runs afoul of the First Amendment. Lukumi, 508 U.S. at 532. 136.

In the Free Exercise cases Employment Division v. Smith, 494 U.S. 872, 881, 882,

884 (1990), and Lukumi, 508 U.S. at 537, the Supreme Court has held that strict scrutiny applies where religion is directly regulated. However, neutral laws of general applicability over religious activities do not require strict scrutiny except: (1) where the government is allowed to make individualized assessments or (2) where a “hybrid situation” exists: the free exercise claim is connected with other constitutional protections, such as free speech. 137.

Lake County’s arbitrary refusal to consider Maum Meditation a religion under the

UDO directly regulates religion. Therefore, Lake County’s action is not neutral or generally applicable and thus strict scrutiny applies. 138.

Even if one could find that Lake County’s actions were neutral or generally

applicable, which they are not, where Lake County officials are given the authority to determine whether Plaintiff’s beliefs constitute a religion or not without any standards, strict scrutiny applies because Lake County is allowed to make individual assessments. Further, because Plaintiff’s free exercise claim in connected with its constitutional right to free speech and association, this case presents a “hybrid rights” situation and strict scrutiny thus applies. 139.

Strict scrutiny requires the government action to be “justified by a compelling

governmental interest and must be narrowly tailored to advance that interest.” Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520, 531-32 (1993).

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140.

Once strict scrutiny applies, it is Lake County’s burden to prove that it has a

compelling governmental interest justifying its actions and that its actions are narrowly tailored to advance that interest. Id. 141.

Lake County lacks a compelling governmental interest in restricting MMHT from

using the Property for religious worship. 142.

Lake County will be unable to prove that restricting MMHT from using the

Property for religious worship by arbitrarily denying that Maum Meditation is a religion is the most narrow alternative to achieve a compelling governmental interest. 143.

Lake County’s actions therefore violate the Free Exercise Clause of the First

Amendment to the United States Constitution as incorporated and applied to the states through the Fourteenth Amendment. WHEREFORE, the Church respectfully prays that the Court grant the relief set forth in the Prayer for Relief. COUNT II: VIOLATIONS OF THE ILLINOIS RELIGIOUS FREEDOM RESTORATION ACT (“IRFRA”), 775 ILCS 35/1 ET SEQ. (AS APPLIED) 144.

The allegations contained in all preceding paragraphs are incorporated here by

reference. 145.

The County’s conduct constitutes an infringement of MMHT’s First Amendment

rights to the free exercise of religion as contemplated by IRFRA. 146.

Section 15 of the Illinois Religious Freedom Restoration Act of 1998 (“IRFRA”),

775 ILCS 35/15, provides: Free exercise of religion protected. Government may not substantially burden a person’s exercise of religion, even if the burden results from a rule of general applicability, unless it demonstrates that application of the burden to the person (i) is in furtherance of a compelling governmental interest and (ii) is the least restrictive means of furthering that compelling governmental interest. 30


147.

775 ILCS 35/20 of IRFRA provides that a claim may be raised under IRFRA in

this case: Judicial relief. If a person's exercise of religion has been burdened in violation of this Act, that person may assert that violation as a claim or defense in a judicial proceeding and may obtain appropriate relief against a government. 148.

The County’s determination that MMHT is not a religious institution, and

therefore not permitted MMHT to use the Property as of right, based on standards not found in the County’s UDO, substantially burdens MMHT’s exercise of religion. WHEREFORE, the Church respectfully prays that the Court grant the relief set forth in the Prayer for Relief. COUNT III: VIOLATIONS OF RLUIPA SUBSTANTIAL BURDEN PROVISIONS (AS APPLIED) 149.

The allegations contained in all preceding paragraphs are incorporated here by

reference. 150.

Section 2000cc (a)(1) of RLUIPA provides (emphasis supplied):

(1) General rule. No government shall impose or implement a land use regulation that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution— (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest. 151.

RLUIPA defines the phrase “religious exercise” to include “the use, building, or

conversion of real property for the purpose of religious exercise…,” 42 U.S.C. § 2000cc-5(7)(B). 152.

Requiring MMHT to obtain approval from Lake County to use its Property in the

Estate (E) zone, which permits religious institutions as of right is a substantial burden on MMHT. See World Outreach Conf. Ctr. v. City of Chicago, 591 F.3d 531, 537 (7th Cir. 2009).

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153.

The Seventh Circuit has held that, in the context of RLUIPA, a land use

regulation imposes a “substantial burden” on religious exercise if it creates any undue delay, uncertainty, and expense for a person or institution in their religious use of real property within the regulated jurisdiction. See Sts. Constantine & Helen Greek Orthodox Church, Inc. v. City of New Berlin, 396 F.3d 895, 901 (7th Cir. 2005). 154.

Lake County’s actions in denying that Maum Meditation is a religion and that

MMHT is a religious institution under the UDO have caused and continue to cause MMHT delay, uncertainty, and expense in the exercise of its religious activities and expression sufficient to constitute a substantial burden in the RLUIPA context. 155.

Defendant will be unable to demonstrate that preventing MMHT from using the

Property for its intended religious use will be the least restrictive means to achieving any governmental interest, let alone a compelling interest. 156.

Defendant’s actions in denying that Maum Meditation is a religion and that

MMHT is a religious institution under the UDO violate the substantial burden provision of RLUIPA. WHEREFORE, the Church respectfully prays that the Court grant the relief set forth in the Prayer for Relief. COUNT IV: VIOLATIONS OF THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION (CLASS OF ONE, AS APPLIED) 157.

The allegations contained in all preceding paragraphs are incorporated here by

reference. 158.

The Equal Protection Clause of the Fourteenth Amendment to the United States

Constitution requires that the government treat similarly situated assembly uses equally.

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159.

MMHT’s free exercise rights are protected from arbitrary discrimination under

the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. 160.

The Supreme Court has recognized successful equal protection claims brought by

a “class of one,” where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment. Willowbrook v. Olech, 528 U.S. 562, 564 (2000); see also World Outreach Conf. Ctr. v. City of Chicago, 591 F.3d 531, 538 (7th Cir. 2009). 161.

Defendant has applied an arbitrary set of standards to MMHT that are not found

in the UDO or other codified law in finding that MMHT is not a religious institution and that Maum is not a religion and therefore that MMHT cannot use its Property in the Estate (E) zone as a permitted use, like other religious institutions are permitted to do. 162.

The only reason that MMHT is being treated differently is the content of its

expression. 163.

There is no compelling interest in preventing MMHT from using the Property

based on an arbitrary decision that Maum Meditation is not a religion. WHEREFORE, the Church respectfully prays that the Court grant the relief set forth in the Prayer for Relief. COUNT V: VIOLATIONS OF THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION (AS APPLIED) 164.

The allegations contained in all preceding paragraphs are incorporated here by

reference. 165.

The Fourteenth Amendment provides that no person shall be deprived of “life,

liberty, or property, without due process of law.”

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166.

MMHT is a religious institution under the definition of UDO. Nonetheless, the

County has required MMHT to seek its approval and in doing so has created unnecessary delay, uncertainty, and expense and has prevented MMHT from using the property for its religious purpose. The County has no legal basis for requiring MMHT to seek its approval to use its property. 167.

The County’s attempt to use standards not found in the UDO or any of its codes,

including creating arbitrary standards for defining a community service use and determining the definition of religion, violate MMHT’s due process rights. WHEREFORE, the Church respectfully prays that the Court grant the relief set forth in the Prayer for Relief. COUNT VI: VIOLATIONS OF FREE SPEECH AND FREE ASSOCIATION UNDER THE FIRST AMENDMENT UNITED STATES CONSTITUTION AND ARTICLE I, SECTION 4 OF THE ILLINOIS CONSTITUTION (AS APPLIED) 168.

The allegations contained in all preceding paragraphs are incorporated here by

reference. 169.

MMHT’s religious speech activities, including meditation in community groups,

are protected under the Free Speech Clause of the First Amendment to the United States Constitution and Article I, Section 4 of the Illinois Constitution. 170.

In preventing MMHT from using its Property for such activities, the County has

restricted MMHT’s free speech and association rights. 171.

The County has made a content-based determination that MMHT’s speech is not

permitted, and has applied an arbitrary standard to MMHT that is not applied to other religious institutions.

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WHEREFORE, the Church respectfully prays that the Court grant the relief set forth in the Prayer for Relief. PRAYER FOR RELIEF WHEREFORE, MMHT respectfully prays that the Court: A.

Enter a declaratory judgment that Maum meditation is a religion protected by the

First Amendment Free Exercise Clause of the United States and Illinois Constitutions; B.

Enter a declaratory judgment that Maum Meditation House of Truth is a religious

institution as defined by the Unified Development Ordinance; C.

Enter a declaratory judgment that Maum Meditation House of Truth is a permitted

use in the Estate (E) zone of the Unified Development Ordinance; D.

Enter a declaratory judgment that Lake County has exceeded its authority in

finding that Maum meditation is not a religion by applying arbitrary standards not found in the Uniform Development Code; E.

Enter a declaratory judgment that Lake County has exceeded its authority in

finding that Maum Meditation House of Truth is not a religious institution as defined by the Unified Development Ordinance by ignoring the definition of “religious institution� found in the Unified Development Ordinance; F.

Issue a preliminary and permanent injunction enjoining Lake County from

preventing MMHT from using the Property for a Maum meditation center or from requiring MMHT from obtaining a Conditional Use Permit from Lake County; G.

Enter a judgment on behalf of MMHT against Lake County for all damages to

which MMHT is entitled, specifically including, but not limited to:

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(1) the losses suffered as a result of the delay, uncertainty and expense caused by Lake County’s arbitrary application of the UDO; (2) for Plaintiff’s lost enjoyment of their rights; and (3) for all the fees MMHT has paid to Lake County. H.

Award attorney fees, expenses and costs to the Plaintiffs pursuant to 42 U.S.C. §

1988(b); 740 ILCS 23/5(c); 775 ILCS 35/1 et seq.; or any other laws set forth herein which authorize the recovery of fees, expenses, and costs. I.

Grant other just relief.

Respectfully submitted this 22nd day of May, 2013. /s/ John W. Mauck Jeffrey M. Schwab MAUCK & BAKER, LLC One North LaSalle Street, Suite 600 Chicago, IL 60602 Telephone: (312) 726-1243 Facsimile: (312) 726-1039 jmauck@mauckbaker.com jschwab@mauckbaker.com F:\Clients\3102\01 Litigation\Pleadings\Complaint.docx

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John W. Mauck


Maum Meditation Center Case