· 3/7/2005
Sts. Constantine and Helen Greek Orthodox Church, Inc., and John W. Demetropoulos v. City of New Berlin and Telesfore Wysocki
Citations
- 396 F.3d 895
- 2005 WL 221964
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that to establish substantial burden, a religious group need not “show that there was no other parcel of land on which it could build its church”
- holding that such factors may constitute a substantial burden
- noting that RLUIPA's substantial burden test aims to protect religious groups from “subtle forms of discrimination when, as in the case of the grant or denial of zoning variances, a state delegates essentially stan-dardless discretion to nonprofessionals operating without procedural safeguards”
- warning of the “vulnerability of religious institutions — especially those that are not affiliated with the mainstream [Christian] sects ... to subtle forms of discrimination”
- addressing a challenge to city’s denial of permit to rezone existing tract of land so that plaintiff could build a church
- addressing a challenge to city’s denial of permit to rezone existing tract of land so that plaintiff could build a church
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Manion, Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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