land use appeal
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GMSR prevails in major land use appeal
In Calvary Chapel Bible Fellowship v. County of Riverside, the Ninth Circuit affirmed judgment for GMSR’s client, the County of Riverside, in a suit asserting that a County zoning ordinance was facially invalid under the Religious Land Use and Institutionalized Persons Act (RLUIPA) as purportedly disallowing religious organizations to operate in the zone. The Ninth Circuit held that the zoning allowed construction of special occasion facilities. Nothing on the face of the statute indicates that a religious group would not be granted a permit to construct such a facility and use it for religious purposes, so there was no violation of RLUIPA. The statute merely requires public entities to treat religious uses the same as secular uses.
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Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.
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