· 6/25/2009
Bikur Cholim, Inc. v. Village of Suffern
Citations
- 664 F. Supp. 2d 267
- 2009 U.S. Dist. LEXIS 54187
- 2009 WL 1810136
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that RLUIPA claimant need not avail itself of additional procedures if they would be “futile” and that court need only locate “a final, definitive position from a local authority” for ripeness
- noting that whether zoning regulations were neutral was fact question not properly resolved at motion to dismiss stage
- noting that it would have been futile for plaintiffs to appeal the denial of their variance application, where the property plainly did not meet the criteria required for a variance
- stating that whether an action is a substantial burden is a question of fact
- dismissing equal protection class-of-one claim because “plaintiffs have made no allegations of similarly situated property owners . . . [and w]ithout any comparators[,] . . . plaintiffs’ claim under the Equal Protection Clause cannot stand”
- dismissing equal protection class-of-one claim because “plaintiffs have made no allegations of similarly situated property owners . . . [and w]ithout any comparators . . . plaintiffs’ claim under the Equal Protection Clause cannot stand”
Source: CourtListener parenthetical corpus (CC0).
Judges: Warren W. Eginton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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