THOU SHALT NOT unduly burden the free exercise of religion through onerous zoning laws, or so said Congress with the passage of a religious land use law in 2000, spawning a cottage industry in church-construction litigation and confusion among federal courts.
Around the country, federal judges have been struggling to define not only what constitutes an “undue burden” on free exercise of religion under the Religious Land Use and Institutionalized Persons Act of 2000 RLUIPA, but also whether the law allows monetary recovery along with injunctive relief and when to allow attorney fee awards.
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