Cross on private property

[Ed Brayton]

I answered my own question - yes, the RLUIPA applies to individuals as well
as churches. The question here is whether a court would view this as a
substantial burden. The 6th circuit has interpreted that rather narrowly,
most recently in a case involving the Okemos Christian Center and a zoning
regulation that limited the size of a school they want to build on church
grounds.

 

Ed Brayton

 

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Ed Brayton
Sent: Sunday, January 06, 2008 3:07 PM
To: 'Law & Religion issues for Law Academics'
Subject: Cross on private property

 

Here's a new situation in Michigan:

 

http://www.grandhaventribune.com/paid/333667146558130.bsp

 

A guy wants to build a large, illuminated cross on his property overlooking
Lake Michigan, but the city considers the property to be a detached front
yard and thus residential property, and it is against zoning regulations to
put up such structures, or any such structure higher than 14 feet, on
residential property.  Does the RLUIPA apply to individuals on residential
property as well as to churches?

 

Ed Brayton

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