LAW OFFICE OF ROBERT K. LINCOLN, P.A.

Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

Differential Treatment of "Assembly" for Commercial and Religious Uses Violates RLUIPA as a Matter of Law

In Chabad of Nova v. City of Cooper City, the Southern District found on a motion for judgment on the pleadings that the city was liable under RLUIPA. Various commercial districts allowed uses that involve "assembly" of people -- like restaurants, theaters, clubs, etc. Religious assemblies were prohibitted, however.

While the city claimed that "business assemblies" were equally prohibitted, the court saw this as pretextual at best and found liability based on the city's admissions that theaters, restaurants and similar uses were permitted.

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Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.