In a 9-page order issued yesterday, the United States District Court for the Central District of Illinois rejected a church’s RLUIPA (Religious Land Use and Institutionalized Persons Act) challenge to the City of Peoria’s decision to landmark an historic apartment building, and the city’s refusal to allow the church to demolish the building. The historic Roanoke Apartments building is owned by Trinity Evangelical Lutheran Church and was declared a city landmark in 2000. The Church had purchased the building in 1989 for purposes of future expansion. In 2006, the church sought to demolish the building and argued that it needed the additional land to expand its ministries (they wanted to build a “family life center”). The Church applied for a certificate of appropriateness, and claimed that they could not renovate the apartment building because it was too small and because the cost of renovation versus the cost of tearing it down and constructing the desired space resulted in a difference of over a million dollars. The City denied a certificate of appropriateness and the church filed suit invoking RLUIPA’s “substantial burden” provision. Citing Vision Church v. Village of Long Grove, 468 F.3d 975 (7th Cir. 2006), Judge McDade held that the limitations on the church’s ability to tear down the building did not constitute a “substantial burden.” The court found it significant that the city’s decision affects only one building on the church campus and does not prevent the church from continuing its religious ministries. The court recognized that the inability to demolish the church places a financial burden on the church, but found that this burden was not “substantial” within the meaning of RLUIPA.
Trinity Evangelical Lutheran Church v. City of Peoria, Illinois, 07-cv-1029 (C.D. Ill. 3/31/2009).
The order can be accessed here.
Thanks to Adam Kingsley, Esq. who assisted with the City’s brief and who forwarded the order.
LAW OF THE LAND 
Thank you for your excellent blog.
Our office, People’s Counsel for Baltimore County, defends the comprehensive zoning maps in Baltimore County.
Recently, the Court of Appeals issued its first RLUIPA decision in a sign variance case, Trinity Assembly of God v. People’s Counsel 407 Md. 53 (2008).
Peter Max Zimmerman
PS The Court of Special Appeals, the intermediate appellate court, recently issued on March 9 an interesting decision that the amendment to a master water and sewer plan by a county council is a legislative act, and not ministerial. Bethel World Outreach Church v. Montgonery County 2009 WL 581571.
By: Peter Max Zimmerman on April 2, 2009
at 11:51 am