United States Second Circuit

Following denial of plaintiff Chabad's application to alter its property located in the Litchfield historic district, judgment denying the Chabad's motion for partial summary judgment and granting the defendants’ motion for summary judgment is: 1) vacated and remanded as to the grant of summary judgment in defendants’ favor, where the district court applied erroneous legal standards to the Chabad's claims under the substantial burden and nondiscrimination provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA); and 2) affirmed as to the remainder the Chabad's claims due to inadequately briefed claims. Plaintiff Eisenbach's claims were brought coextensively with plaintiff Chabad's. Dismissal of Eisenbach's claims for lack of standing under RLUIPA is: 1) vacated as to dismissal for lack of standing; 2) remanded for consideration as to whether Eisenbach failed to state a claim; and 3) affirmed as to the remainder of Eisenbach's claims.

Appellate Information

• Decided 09/19/2014
• Published 09/19/2014

Judges

• Livingston

Court

• United States Second Circuit

Counsel