1. Suppose there is an old Spanish Mission church, Our Lady of Guadalupe, located near San Antonio Texas. And suppose the local landmarks committee decides to declare the church a public landmark. This designation requires the church to get permission from the landmarks committee before altering the external features of the building.
So, the church’s membership has grown tremendously, and the sanctuary is too small for its present needs. The
church has asked the landmarks committee for permission to add an
addition to expand the size of its sanctuary. The committee rejected the
request, because it would alter the external appearance of the church. The church will not be able to serve its entire congregation if it is not allowed to add the addition to its sanctuary.
Apply RLUIPA
2. Suppose, in Los Angeles, the Salvation Army purchases a building in a commercial area right next door to the Ritz Carlton and the W by Marriott. The Army wishes to convert the building into a homeless shelter to house and feed the less fortunate of the City of Angels. Although hotels, restaurants, commercial businesses, and even strip clubs are allowed to locate in a Commercial Zoning District, religious ministries are permitted only if they receive a special use permit. The Army applies to zoning officials for a special use permit and the application is denied.
Apply RLUIPA.
