· 6/13/2011
Elijah Group v. City of Leon Valley, Tex.
Citations
- 643 F.3d 419
- 2011 WL 2295215
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding a violation of the Equal Terms Clause where a city treated churches differently than private clubs in B-2 zones
- rejecting the city’s “retail corridor” justification where the ordinance excluded churches but permitted “many nonreligious, nonretail buildings” including private lodges and clubs
- describing how the various tests using “similarly situated” language differ, while declining to choose among them
- declining to adopt the test of any other circuit and holding that RLUIPA’s equal terms provision “must be measured by the ordinance itself and the criteria by which it treats institutions differently.”
- “When we focus on the text of the Clause, we read it as prohibiting the government from ‘imposing,’ i.e., enacting, a facially discriminatory ordinance or ‘implementing,’ i.e. enforcing a[n ordinance].”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wiener, Garza, and Prado, Circuit Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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