U.S. Department
of Justice
Housing and Civil Enforcement Cases
Complaint - United States v City of Sterling Heights (E.D. Mich.)
On March 1, 2017, the court entered a consent order in United States v. City of Sterling Heights (E.D. Mich.). The complaint, which was filed on December 15, 2016, alleged that the City violated RLUIPA when it denied the American Islamic Community Center’s special land use application to build a mosque in the City. The complaint also alleged that the denial imposed a substantial burden on the religious exercise of the community intending to build a mosque without a compelling governmental justification pursued through the least restrictive means and discriminated against the community based on religion or religious denomination. The consent order requires the city to permit the AICC to construct a mosque in the city. The city has also agreed to publicize its non-discrimination policies and practices, undergo training on the requirements of RLUIPA, and report periodically to the Justice Department. A separate settlement resolving a similar lawsuit brought by the AICC against the city has also been submitted to the court for approval. The case was handled by the Department’s Civil Rights Division and the United States Attorney’s Office of the Eastern District of Michigan.
United States v. County of Culpeper (W.D. Va.)
On December 12, 2016, the United States filed a complaint in United States v. County of Culpeper (W.D. Va.), alleging that the county violated RLUIPA when it denied a “pump and haul” sewage permit to the Islamic Center of Culpeper (ICC), effectively preventing the ICC from building a small mosque on land that it had contracted to purchase in the county. The complaint alleged that the County’s denial of the permit imposed a “substantial burden” on the Muslim congregation’s exercise of religion that was not narrowly tailored to further a compelling governmental interest. The complaint further alleged that the County discriminated against the ICC based on religion. On March 29, 2017, the court issued a memorandum opinion denying Culpeper County’s first motion to dismiss. On September 1, 2017, the court dismissed the United States’ lawsuit as moot after the County, pursuant to the settlement in a private lawsuit filed by the ICC, granted the needed permit to the ICC and took other steps to prevent future violations of RLUIPA.