The field of land-use planning and zoning is often a battleground for constitutional rights. Among the panoply of issues fought over are procedural due process, substantive due process, equal protection, inverse condemnation, privacy and search-and-seizure. Chief among them in terms of impact and interest are First Amendment issues.

The Religious Land Use and Institutionalized Persons Act (RLUIPA) is an example. That statute has helped push debate over the free exercise and establishment clauses to the forefront of local controversies regarding the siting of religious institutions. At the other end of the moral spectrum, there continue to be disputes over where sex businesses should go, as in the recent Third Circuit decision in Sutton v. Chanceford Township upholding a narrowly tailored, content-neutral adult entertainment zoning ordinance that left open adequate alternative channels of communication.

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