Jagannath Organization for Global Awareness, Inc. v. Howard County, Maryland (D. Md.)

On July 23, 2018, the United States filed a statement of interest in Jagannath Organization for Global Awareness, Inc. v. Howard County, Maryland (D. Md.).  The plaintiff, Jagannath Organization for Global Awareness (“JOGA”), filed an amended complaint alleging that Howard County violated RLUIPA’s substantial burden, equal terms, and nondiscrimination provisions by failing to approve a land use application for JOGA to construct a temple within the County.  The County has moved to dismiss the amended complaint.  In the statement of interest, the United States argues that JOGA has sufficiently alleged a substantial burden claim.  Specifically, the United States points out that no Jagannath temple exists in Howard County or Maryland, and argues that JOGA’s proposed temple is a permitted use and can satisfy each of the County’s land use requirements, that the County’s denial was unconditional, and that the County’s decision departs from previous cases in which it has approved secular and non-secular uses with characteristics similar to JOGA’s proposed use.