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: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 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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