Weinstein’s Article on RLUIPA and Local Government to be Included in the 2013 Zoning and Planning Handbook

C|M|LAW and Levin College of Urban Affairs Professor Alan Weinstein’s article, The Effect of RLUIPA’s Land Use Provisions on Local Governments, 39 FORDHAM URB. L.J 1221 (2012), has been selected to be included in the 2013 edition of Zoning and Planning Law Handbook, published by Thomson-Reuters on the basis that it represents an important contribution to the literature of zoning and land use law. In the article, he argues that in the absence of perfect information about how RLUIPA (Religious Land Use & Institutionalized Persons Act) has affected local governments, courts have adopted a pragmatic approach to addressing RLUIPA challenges that combines appropriate judicial deference to a local government that enacts a neutral law of general applicability with the heightened judicial scrutiny that becomes appropriate when that same local government applies that same law to a specific zoning approval, a circumstance that frequently allows for subjectivity in the approval process and thus the potential for discrimination or arbitrary action against religious uses.

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