In Guatay Christian Fellowship v. County of San Diego, ___ F.3d ___, 2011 U.S.App. LEXIS 25581 (9th Cir. 2011), the Ninth Circuit Court of Appeals held that a church’s claim that a land use permit regulation violated the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. § 2000cc (“RLUIPA”) was not ripe for judicial review because the church had not completed the requirements for the use permit, and therefore the courts could not determine the particular burden that the church would have to shoulder under the challenged regulation. The court left open the possible argument that the financial cost of complying with a land use permit regulation was so unreasonable or unattainable for a religious institution that such cost could constitute a “substantial burden” on the institution in violation of RLUIPA.
Continue Reading Ninth Circuit Applies Ripeness Requirement To RLUIPA Claims