Page 32

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.

32

Maum Meditation Center Case  

Federal Court Order Allows Maum Meditation Center In Lake Forest Mansion (Lake Forest, IL – June, 2013) Fourteen days after Maum Meditation...

Read more
Read more
Similar to
Popular now
Just for you